[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[House]
[Pages 16987-17004]
[From the U.S. Government Publishing Office, www.gpo.gov]




    USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005

  The Committee resumed its sitting.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, this provides mandatory minimums, which we have 
frequently said if it had come up in committee we would have a letter 
ready from the Judicial Conference reminding us that mandatory minimums 
violate common sense, because if the penalty makes sense, it can be 
imposed; if it does not make sense, it has to be imposed anyway.
  This amendment is unnecessarily confusing and duplicative of current 
law. It is already a crime punishable by 20 years in prison, or life in 
prison in some circumstances, to provide material support of any kind 
to a terrorist organization or to support a person in carrying out 
terrorist acts regardless of how the money came about, whether it was 
from drug proceeds or otherwise.
  If anyone is engaged in drug trafficking of any significance in order 
to support terrorism, they can already be charged with both a drug 
offense and the material support of terrorism.

                              {time}  1930

  This might, unfortunately, bring in some small-time dealer that did 
not know what he was doing and all of a sudden he is subjected to 20-
year mandatory minimums when he was not much of a dealer at all.
  This new crime would substantially broaden the Federal death penalty 
in ways that might actually violate the Constitution. For example, 
indirect offenses like conspiracy are generally not death eligible, but 
financing is more analogous to conspiracy than the direct crimes like 
hijacking, bombing or murder by drug king, which are already death 
eligible. Drug trafficking and terrorism crimes already carry numerous 
penalties for the most egregious offenses, so we do not need them anew 
in this case.
  Mr. Chairman, I hope we defeat this amendment. We did not put it into 
the bill in committee when we would have had an opportunity to ensure 
it did not conflict with various other provisions of the law or was 
unnecessarily duplicative.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HYDE. Mr. Chairman, I yield 3 minutes to the gentleman from 
Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Chairman, I thank the distinguished chairman of the 
Committee on International Relations for yielding me this time and for 
his continued leadership on narcotics issues as we tackle these 
questions at the international level.
  The preceding speaker said that some of these amounts might be fairly 
small. Well, in Madrid it probably was fairly small. Spanish 
authorities have said that the Muslim militant cell exchanged for 
hashish and cash to fund it. I do not know how much it was. It probably 
was not a truckload of hashish. It may not have been a big thing, but 
there are a lot of people dead.
  The link between narcotics and terrorism is growing, as the 
distinguish chairman pointed out; and we have heard the same thing in 
the drug policy subcommittee, and that is anywhere from slightly below 
half to slightly over half of the major terrorist organizations in the 
world are funded by drugs, most likely heroin and hashish, but also 
cocaine.
  As we get better at driving them underground, we are going to see an 
increase in narcotrafficking and terrorism around the world, as we will 
see in human trafficking, as well, as we drive this underground.
  As far as mandatory minimums, I hope there are mandatory minimums on 
people funding direct terrorist attacks on the United States. If you 
are selling drugs, and even inadvertently, and these groups often are 
hear no evil, see no evil, and they pretend like they are not involved 
in narcotics trafficking, but as they swap with different cells and 
work with these cells around the world, I hope they have a mandatory 
minimum, if they blow up and terrorize America, terrorize London and 
terrorize Spain. We need stiff penalties.
  We need to look for these gaps and these holes so we can go after 
these groups and break them up. We have had multiple efforts around the 
world where we see some of these terrorist organizations starting to 
interact with each other. We need to have conspiracy clauses that 
enable us, as they start to interconnect from South America, Asia and 
the Middle Eastern gangs as they swap cocaine for other things and 
convert and move in the underground market. We need to stay up with how 
the terrorists are working.
  As they start to interconnect, we need laws that can address this, 
and I commend the chairman from the Committee on International 
Relations with trying to address this rapidly growing threat in all 
regions of the world.
  I urge this Congress to send a strong message that this needs to be 
part of the PATRIOT Act as we look at the international efforts and the 
international connection in the funding of terrorism.
  Mr. SCOTT of Virginia. Mr. Chairman, I reserve the balance of my 
time.
  Mr. HYDE. Mr. Chairman, I yield 3 minutes to the gentleman from 
California (Mr. Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, the Hyde amendment 
recognizes a new reality in a very real danger that is growing: the 
deadly mix of drug trafficking and terrorism. It has now been estimated 
that nearly

[[Page 16988]]

half of the designated foreign terrorist organizations are involved in 
the trafficking of illegal drugs. That is illegal drugs that end up on 
the streets of our cities, the cities of our allies, poisoning the 
fabric of their society and our society.
  Terrorists, like old organized crime syndicates from the past, have 
recognized that illegally drug trafficking is a valuable source of 
financing and just another way to threaten our country. The evidence 
linking these two criminal activities is overwhelming. Terrorists in 
Afghanistan are now infiltrating and controlling the cultivation of 
poppy and ultimately heroin. The deadly bombings in Spain were financed 
through drug money. Hezbollah has been linked to drug trafficking from 
South America to the Middle East; and of course the Revolutionary Armed 
Forces of Colombia has long-standing drug trafficking operations which 
fund their deadly activities.
  The Hyde amendment simply creates a new Federal crime for the 
trafficking of controlled substances which are intended to benefit a 
foreign terrorist organization or any other terrorist organization and 
imposes a stiff mandatory minimum penalty of 20 years. It is a serious 
crime and one that needs to be stopped, and this amendment would do the 
job.
  I would say that those who have some question about mandatory minimum 
penalties, this is hardly the place to object to them. This is really 
seriously two crimes: the one of drug trafficking connected with 
terrorism. It seems to me this would be precisely the place we would 
support mandatory minimum penalties.
  I think we should be thanking the gentleman from Illinois (Mr. Hyde) 
for bringing this to our attention. Let us remember that since most of 
the Afghan heroin goes to Europe and not here to the United States, our 
Justice Department and hard-pressed DEA are very limited in going after 
the drug dealers and drug lords who facilitate terrorism directed at 
our troops. They need some nexus to the drugs coming to the USA.
  Please join me in supporting the Hyde amendment. It makes sense. Yes, 
it is tough; but we need to be tough in this circumstance.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, I would like to respond to the suggestion about 
mandatory minimums. This may be a crime where high sentences may be 
appropriate; and if they are appropriate in the individual case, they 
can be applied.
  What the mandatory minimum imposes, whether it makes any sense or 
not, whether it violates common sense, it still has to be applied. That 
is why we get a letter from the Judicial Conference every time we have 
a bill before us with mandatory minimums in it, they remind us that the 
mandatory minimums violate common sense.
  We also have the opportunity to review the studies that we have seen 
that show that mandatory minimums waste taxpayer money, as opposed to 
other ways that you can sentence.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, very briefly, a mandatory minimum sentence covers two 
crimes. It covers dealing narcotics and facilitating and enabling 
terrorism. It seems to me a modest sentence of 20 years for those two 
heinous crimes.
  There is a definite link between the illicit narcotics trade and the 
financing of terrorism. We have taken a focused look at that link, and 
this is an attempt to disrupt it and destroy it.
  The gentleman from Virginia uses the term ``common sense.'' I think 
it is the utmost of common sense for us to address the flourishing of 
illicit drug trade and its link with narcoterrorism, so I respectfully 
hope that the Members will support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from Illinois (Mr. Hyde).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 17 
printed in House Report 109-178.
  Mr. SCOTT of Virginia. Mr. Chairman, a Democratic amendment was 
scheduled next, but I believe that amendment is not going to be 
offered.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 18 
printed in House Report 109-178.


                Amendment No. 18 Offered by Mr. Sessions

  Mr. SESSIONS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 18 offered by Mr. Sessions:
       Add at the end the following:

     SEC. 17. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.

        Section 32 of title 18, United States Code, is amended--
       (1) in subsection (a), by redesignating paragraphs (5), 
     (6), and (7) as paragraphs (6), (7), and (8) respectively;
       (2) by inserting after paragraph (4) of subsection (a), the 
     following:
       ``(5) interferes with or disables, with intent to endanger 
     the safety of any person or with a reckless disregard for the 
     safety of human life, anyone engaged in the authorized 
     operation of such aircraft or any air navigation facility 
     aiding in the navigation of any such aircraft;'';
       (3) in subsection (a)(8), by striking ``paragraphs (1) 
     through (6)'' and inserting ``paragraphs (1) through (7)''; 
     and
       (4) in subsection (c), by striking ``paragraphs (1) through 
     (5)'' and inserting ``paragraphs (1) through (6)''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from Texas (Mr. Sessions) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas (Mr. Sessions).
  Mr. SESSIONS. Mr. Chairman, I yield myself such time as I may 
consume.
  I offer a thanks to the gentleman from Wisconsin (Mr. Sensenbrenner), 
chairman of the Committee on the Judiciary, and the gentleman from 
California (Mr. Dreier), chairman of the Committee on Rules, who made 
in order my request for an amendment.
  Mr. Chairman, the PATRIOT Act currently makes it a Federal crime to 
interfere with any person operating a mass transportation vehicle with 
the intent to endanger any passenger or with a reckless disregard for 
the safety of human life.
  While this clearly applies to passenger aircraft, it fails to protect 
other aircraft. The consequences of this oversight were recently 
exposed by a widely reported New Jersey laser beam incident. On two 
separate occasions, an individual directed a laser beam at the cockpit 
of a small passenger airplane and at a Port Authority Police Department 
helicopter. Such conduct is extremely dangerous, putting aircraft at 
tremendous risk by startling, distracting, and even blinding pilots. 
However, when apprehended, this individual was charged only in 
connection with the airplane. Although equally in danger, the police 
helicopter did not qualify for mass transportation vehicle protection.
  Unfortunately, the New Jersey incident was not an isolated instance. 
Similar occurrences have happened in Ohio, Texas, Colorado, and Oregon. 
Pilots nationwide increasingly are reporting laser-beam interference 
during landing approaches, and although no reports have been terrorist-
related to date, there is evidence that terrorists are exploring the 
use of similar laser tactics as weapons.
  Regardless of intent, we must communicate to the public that aircraft 
interference of any kind is unacceptable and will not be tolerated. It 
is our duty to give law enforcement the tools it needs to protect 
pilots, passengers, and civilians on the ground. The PATRIOT Act has 
taken a first step, and now we must tie up these loose ends.
  This amendment would simply extend the existing PATRIOT Act passenger 
aircraft protections to all aircraft. Just as it is entirely 
unacceptable to interfere with the pilot of a passenger aircraft, it is 
equally unacceptable to interfere with a pilot of a government or 
private aircraft.

[[Page 16989]]

  Additionally, this amendment would ensure the protection of everyone 
engaged in the operation of an aircraft from those in the air to those 
navigating on the ground.
  Mr. Chairman, this is a commonsense amendment that will improve 
aircraft safety. A gap has been exposed in the current law, and now we 
have an opportunity to fill that gap.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
  Mr. SESSIONS. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, let me say that I think the 
gentleman from Texas (Mr. Sessions) has spotted a loophole in our 
current law and the vulnerability for aircraft that are not passenger 
aircraft in nature.
  An aircraft that is brought down by a laser will kill people just as 
dead if they have passengers on it or if it is a cargo plane or general 
aviation aircraft or a government plane. I think people who shine 
lasers into cockpits of planes should have to face the music with 
criminal charges whether the planes are carrying passengers or not, and 
I think the amendment is a good one and ought to be adopted.
  Mr. SESSIONS. Mr. Chairman, reclaiming my time, I appreciate the kind 
words of the gentleman from Wisconsin and also his words about the need 
for this body to adopt this amendment.
  Mr. Chairman, we owe it to the pilots to offer them every extension 
of protection possible, and I am asking all of my colleagues to protect 
aviation in America by supporting this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I ask unanimous consent 
to claim the time in opposition, although I do not oppose the 
amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, although I plan to support this amendment to protect 
aircraft in U.S. airspace, I do want to rise and express my 
disappointment that the majority refused to accept an amendment that I 
offered in committee to further protect civilian aircraft.
  In committee, I offered an amendment that would punish those who sell 
dangerous 50 caliber sniper rifles to known terrorists. Unfortunately, 
some in the majority viewed this as a gun control measure, but it is 
not. This is a national security issue.
  Mr. Chairman, 50 caliber anti-armor sniper rifles are an ideal tool 
for terrorists because civil aircraft may be vulnerable to them. In 
fact, even early promotional materials for the 50 caliber rifle 
reference their threat to civilian aircraft. The promotional material 
states that the weapon could ``target the compression section of jet 
engines making it capable of destroying multimillion aircraft with a 
single hit delivered to a vital area.''
  The rifle's brochure goes on to say: ``The cost-effectiveness of the 
50 caliber cannot be overemphasized when a round of ammunition 
purchased for less than $10 can be used to destroy or disable a modern 
jet aircraft.''

                              {time}  1945

  Since 9/11 our country has made great efforts to secure our civilian 
airplanes and airports. Terrorists will obviously adapt to our tactics; 
so it is vital that we plan and think ahead.
  It does not take a rocket scientist to figure out that if we make it 
difficult to get weapons on a plane or into an airport, terrorists may 
look to destroy airplanes from longer distances. That is what the 50 
caliber rifle is designed to do. These rifles are accurate at ranges of 
at least 1,000 yards and even further in the hands of a trained 
marksman. In essence, these weapons could give a terrorist the ability 
to take a shot at an aircraft from beyond most airports' security 
perimeter.
  There is already evidence that terrorists have sought these weapons. 
According to the Violence Policy Center, al Qaeda bought twenty-five 50 
caliber anti-armor sniper rifles in the 1980s.
  My amendment in the Committee on the Judiciary simply said that if 
someone sells a 50 caliber sniper rifle to someone who they know is a 
member of al Qaeda they have broken the law. That amendment was 
defeated, and I think it is a shame. We should have passed my amendment 
and made it more difficult for terrorists to get ahold of these 
weapons. Unfortunately, we did not do so.
  I will certainly support the gentleman's amendment but with regret 
that we did not do more.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SESSIONS. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I want to thank the gentlewoman from California for not 
only her words in support of this amendment but also thank this body 
for carefully looking at the provisions and amendments adding to this 
PATRIOT Act to help keep America safe. I am very proud of this product 
that we are working on. I would like to ask all my colleagues to 
support the Sessions amendment.
  Mr. Chairman, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield back the balance 
of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from Texas (Mr. Sessions).
  The agreement was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 19 
printed in House Report 109-178.


                  Amendment No. 19 Offered by Mr. Paul

  Mr. PAUL. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 19 offered by Mr. Paul:
       Add at the end the following:

     SEC. 17. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL 
                   ACTIVITY.

       It is the sense of Congress that the Federal Government 
     should not investigate an American citizen for alleged 
     criminal conduct solely on the basis of the citizen's 
     membership in a non-violent political organization or the 
     fact that the citizen was engaging in other lawful political 
     activity.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from Texas (Mr. Paul) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Paul).
  Mr. PAUL. Mr. Chairman, I yield myself 2\1/2\ minutes.
  Mr. Chairman, this is a straightforward amendment intended to 
modestly improve the PATRIOT Act, and let me just state exactly what it 
does. ``It is the sense of Congress that the Federal government should 
not investigate any American citizen for alleged criminal conduct 
solely on the basis of citizen's membership in a nonviolent political 
organization or the fact that the citizen was engaging in other lawful 
political activity.''
  It seems like this should go without saying. I cannot imagine anybody 
disagreeing with this. But our history shows that there has been abuse 
in this area. As far back as the Civil War, World War I, and World War 
II, very often speaking out on political issues were met with law 
enforcement officials actually charging them with crimes and even 
having individuals imprisoned. In the 1960s we remember that there was 
wiretapping of Martin Luther King and other political organizations. In 
the 1970s we know about the illegal wiretapping and other activities 
associated with Watergate, and also in the 1990s we are aware of IRS 
audits of a political and religious organization based only on the fact 
that they were religious and political.
  So this is a restatement of a fundamental principle that should be in 
our minds and in our law, but I think it is worthwhile to restate. And 
I do recognize that in the PATRIOT Act they recognize that the first 
amendment should be protected, and in this case I think it is an 
additional statement that we should be respectful of people's rights to 
speak out and not be singled out for political or religious viewpoints.

[[Page 16990]]


  Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
  Mr. PAUL. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, I thank the gentleman from Texas for 
yielding.
  I support this amendment. I think it merely restates the fact that 
people who are not involved in criminal or terrorist activities have 
nothing to fear from the PATRIOT Act. The first amendment protects free 
speech. It protects political association. As long as the political 
association is not involved in criminal terrorist activities, we ought 
to encourage it even if their views are something that we disagree 
with.
  The gentleman from Texas has done a very good service to this bill 
with this amendment, and I hope it is adopted overwhelmingly.
  Mr. PAUL. Mr. Chairman, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I ask unanimous consent 
to claim the time in opposition, although I do not oppose the 
amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time 
as I may consume.
  I support the amendment. No American should be investigated solely 
for membership in a nonviolent political organization or for engaging 
in other lawful political activity. This is important to all of us, but 
I wanted to note that in California we recently learned of the danger 
of not living up to the standard.
  It has been reported by several media sources that the California 
National Guard was spying on the Mothers of Dead Soldiers and a group 
called the Raging Grannies, who are average age 75 years old, who were 
having a peaceful demonstration on the grounds of the State Capital on 
Mother's Day. I requested hearings in the Committee on Homeland 
Security. I have written to the California National Guard regarding 
this very serious allegation of a breach of first amendment protected 
activity. Federal funds may have been used.
  I will vote for this amendment. It is the right thing, but we also 
need to have very aggressive investigative action when we hear about 
allegations of misconduct.
  Mr. Chairman, I yield 3 minutes to the gentlewoman from Florida (Ms. 
Wasserman Schultz), a member of our committee.
  Ms. WASSERMAN SCHULTZ. Mr. Chairman, I thank the gentlewoman from 
California for yielding me this time.
  I rise in support of the Paul amendment and, in addition, in 
reluctant opposition to H.R. 3199 for several reasons.
  Following the terrorist attacks of September 11, I watched as Members 
of Congress came together in a bipartisan effort to craft legislation 
which would, it was argued, strengthen law enforcement's hand in 
fighting terrorists. Americans from across the political spectrum were 
willing to sacrifice some of the freedoms we cherish to immediately 
address security concerns, with the understanding that many provisions 
would be revisited and the civil liberty protections that we all hold 
so dear would be addressed.
  But by making these provisions permanent, without mandatory 
congressional review, we placed the very democracy that we hold so dear 
in jeopardy. When restricting civil liberties, we should be extremely 
careful about forfeiting those freedoms without reviewing the ongoing 
need to continue to restrict them.
  In these contemporary times, it may be difficult for us to conceive 
of the barbarous proceedings of the Salem witch trials. Indeed, they 
continue to perplex and horrify those of us who came later. But imagine 
if those perceptions and resulting actions were somehow a permanent 
part of our society today without an opportunity for review as to their 
validity?
  If they were, under the PATRIOT Act's intrusive infringement on 
America's book purchases and library records, when the most recent 
episode in the Harry Potter Book series was released last Friday, we 
would have had hundreds of thousands of children ``burned at the 
stake.''
  And I know this analogy might seem a bit extreme, but that is just 
how extreme things can become without proper checks and balances when 
restricting our civil liberties and freedoms, which is why we should 
support the Paul amendment, because true freedom of expression is an 
important thing to preserve.
  I am hopeful that when this legislation comes back from conference 
that we will have a product that we can all embrace, but today I will 
vote for freedom. I will support the Paul amendment and I will vote 
against final passage of this version of the bill.
  Mr. PAUL. Mr. Chairman, I yield myself such time as I may consume.
  I appreciate the support for the amendment on both sides. I would 
like to emphasize the fact that there are real reasons for this 
concern. There have been reports in the paper of different times when 
the FBI has actually intimidated some people at national conventions. 
We are aware of the fact that there are at least reports that federal 
officials have encouraged local police to actually monitor certain 
political groups, and we also are aware of the fact that, because of 
political activity, they have been placed on no-fly lists.
  But I think this is all reason for concern because we do not want to 
give any encouragement to overzealous law enforcement officials. At the 
same time we do want to have enforcement of the law.
  But very briefly, I would like to say that the full thrust of this 
bill bothers me in the fact that I think we are treating a symptom and 
we are really not doing dealing with the core problem of why there are 
suicide terrorists willing to attack us, and I think as long as that is 
ignored we could pass 10 PATRIOT Acts stronger than ever and it will 
not solve the problem unless we eventually get to the bottom of what is 
the cause.
  And, quite frankly, I do not believe the cause is because we are free 
and democratic and wealthy. There is no evidence whatsoever to show 
that that is the motivation of terrorist attacks. And for us to 
continue to believe that is the sole reason for attacks, I think we are 
misled. And we are driven to want to protect our people, which I 
understand it is well motivated, but it will not solve the problem 
unless we eventually address that subject of why does it happen. It is 
not because we are free. And, ironically, in many ways we are making 
ourselves less free with some of the provisions in this bill.
  So I would suggest that ultimately we will have to have another 
solution because this will not solve all of our problems.
  Mr. Chairman, the USA PATRIOT Act and Terrorism Prevention Act (H.R. 
3199) in no way brings the PATRIOT Act into compliance with the 
Constitution or allays concerns that the powers granted to the 
government in the act will be used to abuse the rights of the people. 
Much of the discussion surrounding this bill has revolved around the 
failure of the bill to extend the sunset clauses.
  However, simply sunsetting troublesome provisions does not settle the 
debates around the PATRIOT Act. If the PATRIOT Act is constitutional 
and needed, as its proponents swear, why were sunset provisions 
included at all? If it is unconstitutional and pernicious, why not 
abolish it immediately?
  The sunset clauses do perform one useful service in that they force 
Congress to regularly re-examine the PATRIOT Act. As the people's 
representatives, it is our responsibility to keep a close eye on the 
executive branch to ensure it does not abuse its power. Even if the 
claims of H.R. 3199's supporters that there have been no abuses of 
PATRIOT Act powers under this administration are true, that does not 
mean that future administrations will not abuse these powers.
  H.R. 3199 continues to violate the constitution by allowing searches 
and seizures of American citizens and their property without a warrant 
issued by an independent court upon a finding of probable cause. The 
drafters of the Bill of Rights considered this essential protection 
against an overreaching government. For example, Section 215 of the 
PATRIOT Act, popularly known as the libraries provision, allows Foreign 
Intelligence Surveillance

[[Page 16991]]

Courts, whose standards hardly meet the constitutional requirements of 
the Fourth Amendment, to issue warrants for individual records, 
including medical and library records. H.R. 3199 does reform this 
provision by clarifying that it can be used to acquire the records of 
an American citizen only during terrorist investigations. However, this 
marginal change fails to bring the section up to the constitutional 
standard of probable cause.
  Requiring a showing of probable cause before a warrant may be issued 
will in no way hamper terrorist investigations. For one thing, federal 
authorities would still have numerous tools available to investigate 
and monitor the activities of non-citizens suspected of terrorism. 
Second, restoring the Fourth Amendment protections would in no way 
interfere with the provisions of the PATRIOT Act that removed the 
firewalls that prevented the government's law enforcement and 
intelligence agencies from sharing information.
  The probable cause requirements will not delay a terrorist 
investigation. Preparations can be made for the issuance of a warrant 
in the event of an emergency and allowances can be made for cases where 
law enforcement does not have time to obtain a warrant. In fact, a 
requirement that law enforcement demonstrate probable cause may help 
law enforcement focus their efforts on true threats, thus avoiding the 
problem of information overload that is handicapping the government's 
efforts to identify sources of terrorists' financing.
  The requirement that law enforcement demonstrate probable cause 
before a judge preserves the Founders' system of checks and balances 
that protects against one branch gathering too much power. The Founders 
recognized that one of the chief dangers to liberty was the 
concentration of power in a few hands, which is why they carefully 
divided power among the three branches. I would remind those of my 
colleagues who will claim that we must set aside the constitutional 
requirements during war that the founders were especially concerned 
about the consolidation of power during times of war and national 
emergencies. My colleagues should also keep in mind that PATRIOT Act 
powers have already been used in non-terrorism related cases, most 
notably in a bribery investigation in Nevada.
  Mr. Chairman, H.R. 3199 does take some positive steps toward 
restoring respect for constitutional liberties and checks and balances 
that the original PATRIOT Act stripped away. However, it still leaves 
in place large chunks of legislation that threaten individual liberty 
by giving law enforcement power to snoop into American citizens' lives 
without adequate oversight. This power is unnecessary to effectively 
fight terrorism. Therefore, I urge my colleagues to reject this bill.
  Mr. Chairman, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time 
as I may consume.
  Although the gentleman from Texas (Mr. Paul) and I do not always vote 
together, I think he speaks wisdom this evening on the need to move 
beyond the narrow confines of this act. Clearly we do need to and we 
have broken down the walls between law enforcement and the intelligence 
community so that we can piece together the full picture and connect 
the dots. We need to do a much better job of protecting America from 
terrorists by taking those steps we can. He is right to offer this 
sense of the Congress amendment. We need to have more vigorous action 
in addition to the sense of the Congress activity.
  All of us believe we ought to fight terrorism. Many of us are 
concerned that we have failed to do the balance of privacy and the 
Constitution in some parts of the 16 provisions that are before us this 
evening.
  As we know, most of the PATRIOT Act is actually not before the House 
of Representatives this evening. It is only 16 provisions, and of those 
16 provisions, there are concerns about a few of them. But those are 
serious concerns, and we believe that those concerns can be dealt with. 
We are hopeful that, as this process moves forward, that the Senate 
that has taken these issues of civil liberties more to heart on a 
bipartisan and I would add unanimous basis may in the end prevail so 
that those who are troubled by the failure to really deal with some of 
the constitutional issues will in the end be able to support a bill at 
least at the end of a conference process.
  But I do commend the gentleman for offering his amendment. It does 
not solve the other problems, but it is the right thing to do, and I 
look forward to supporting it.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Paul).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 20 
printed in House Report 109-178.


                 Amendment No. 20 Offered by Mrs. Lowey

  Mrs. LOWEY. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 20 offered by Mrs. Lowey:
       At the end of the bill, insert the following new sections:

     SECTION 10. REPEAL OF FIRST RESPONDER GRANT PROGRAM.

       Section 1014 of the USA PATRIOT ACT is amended by striking 
     subsection (c).

     SEC. 11. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

       (a) In General.--The Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 361 et seq.) is amended--
       (1) in section 1(b) in the table of contents by adding at 
     the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``1801. Definitions.
``1802. Faster and Smarter Funding for First Responders.
``1803. Covered grant eligibility and criteria.
``1804. Risk-based evaluation and prioritization.
``1805. Task Force on Terrorism Preparedness for First Responders.
``1806. Use of funds and accountability requirements.
``1807. National standards for first responder equipment and 
              training.''.

       (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

     ``SEC. 1801. DEFINITIONS.

       ``In this title:
       ``(1) Board.--The term `Board' means the First Responder 
     Grants Board established under section 1804.
       ``(2) Covered grant.--The term `covered grant' means any 
     grant to which this title applies under section 1802.
       ``(3) Directly eligible tribe.--The term `directly eligible 
     tribe' means any Indian tribe or consortium of Indian tribes 
     that--
       ``(A) meets the criteria for inclusion in the qualified 
     applicant pool for Self-Governance that are set forth in 
     section 402(c) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458bb(c));
       ``(B) employs at least 10 full-time personnel in a law 
     enforcement or emergency response agency with the capacity to 
     respond to calls for law enforcement or emergency services; 
     and
       ``(C)(i) is located on, or within 5 miles of, an 
     international border or waterway;
       ``(ii) is located within 5 miles of a facility designated 
     as high-risk critical infrastructure by the Secretary;
       ``(iii) is located within or contiguous to one of the 50 
     largest metropolitan statistical areas in the United States; 
     or
       ``(iv) has more than 1,000 square miles of Indian country, 
     as that term is defined in section 1151 of title 18, United 
     States Code.
       ``(4) Elevations in the threat alert level.--The term 
     `elevations in the threat alert level' means any designation 
     (including those that are less than national in scope) that 
     raises the homeland security threat level to either the 
     highest or second highest threat level under the Homeland 
     Security Advisory System referred to in section 201(d)(7).
       ``(5) Emergency preparedness.--The term `emergency 
     preparedness' shall have the same meaning that term has under 
     section 602 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195a).
       ``(6) Essential capabilities.--The term `essential 
     capabilities' means the levels, availability, and competence 
     of emergency personnel, planning, training, and equipment 
     across a variety of disciplines needed to effectively and 
     efficiently prevent, prepare for, respond to, and recover 
     from acts of terrorism consistent with established practices.
       ``(7) First responder.--The term `first responder' shall 
     have the same meaning as the term `emergency response 
     provider'.
       ``(8) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(9) Region.--The term `region' means--
       ``(A) any geographic area consisting of all or parts of 2 
     or more contiguous States, counties, municipalities, or other 
     local governments that have a combined population of at least 
     1,650,000 or have an area of not

[[Page 16992]]

     less than 20,000 square miles, and that, for purposes of an 
     application for a covered grant, is represented by 1 or more 
     governments or governmental agencies within such geographic 
     area, and that is established by law or by agreement of 2 or 
     more such governments or governmental agencies in a mutual 
     aid agreement; or
       ``(B) any other combination of contiguous local government 
     units (including such a combination established by law or 
     agreement of two or more governments or governmental agencies 
     in a mutual aid agreement) that is formally certified by the 
     Secretary as a region for purposes of this Act with the 
     consent of--
       ``(i) the State or States in which they are located, 
     including a multi-State entity established by a compact 
     between two or more States; and
       ``(ii) the incorporated municipalities, counties, and 
     parishes that they encompass.
       ``(10) Task force.--The term `Task Force' means the Task 
     Force on Terrorism Preparedness for First Responders 
     established under section 1805.
       ``(11) Terrorism preparedness.--The term `terrorism 
     preparedness' means any activity designed to improve the 
     ability to prevent, prepare for, respond to, mitigate 
     against, or recover from threatened or actual terrorist 
     attacks.

     ``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

       ``(a) Covered Grants.--This title applies to grants 
     provided by the Department to States, regions, or directly 
     eligible tribes for the primary purpose of improving the 
     ability of first responders to prevent, prepare for, respond 
     to, mitigate against, or recover from threatened or actual 
     terrorist attacks, especially those involving weapons of mass 
     destruction, administered under the following:
       ``(1) State homeland security grant program.--The State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Urban area security initiative.--The Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(3) Law enforcement terrorism prevention program.--The 
     Law Enforcement Terrorism Prevention Program of the 
     Department, or any successor to such grant program.
       ``(b) Excluded Programs.--This title does not apply to or 
     otherwise affect the following Federal grant programs or any 
     grant under such a program:
       ``(1) Nondepartment programs.--Any Federal grant program 
     that is not administered by the Department.
       ``(2) Fire grant programs.--The fire grant programs 
     authorized by sections 33 and 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).
       ``(3) Emergency management planning and assistance account 
     grants.--The Emergency Management Performance Grant program 
     and the Urban Search and Rescue Grants program authorized by 
     title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.); the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7701 et seq.).

     ``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.

       ``(a) Grant Eligibility.--Any State, region, or directly 
     eligible tribe shall be eligible to apply for a covered 
     grant.
       ``(b) Grant Criteria.--The Secretary shall award covered 
     grants to assist States and local governments in achieving, 
     maintaining, and enhancing the essential capabilities for 
     terrorism preparedness established by the Secretary.
       ``(c) State Homeland Security Plans.--
       ``(1) Submission of plans.--The Secretary shall require 
     that any State applying to the Secretary for a covered grant 
     must submit to the Secretary a 3-year State homeland security 
     plan that--
       ``(A) describes the essential capabilities that communities 
     within the State should possess, or to which they should have 
     access, based upon the terrorism risk factors relevant to 
     such communities, in order to meet the Department's goals for 
     terrorism preparedness;
       ``(B) demonstrates the extent to which the State has 
     achieved the essential capabilities that apply to the State;
       ``(C) demonstrates the needs of the State necessary to 
     achieve, maintain, or enhance the essential capabilities that 
     apply to the State;
       ``(D) includes a prioritization of such needs based on 
     threat, vulnerability, and consequence assessment factors 
     applicable to the State;
       ``(E) describes how the State intends--
       ``(i) to address such needs at the city, county, regional, 
     tribal, State, and interstate level, including a precise 
     description of any regional structure the State has 
     established for the purpose of organizing homeland security 
     preparedness activities funded by covered grants;
       ``(ii) to use all Federal, State, and local resources 
     available for the purpose of addressing such needs; and
       ``(iii) to give particular emphasis to regional planning 
     and cooperation, including the activities of 
     multijurisdictional planning agencies governed by local 
     officials, both within its jurisdictional borders and with 
     neighboring States;
       ``(F) with respect to the emergency preparedness of first 
     responders, addresses the unique aspects of terrorism as part 
     of a comprehensive State emergency management plan; and
       ``(G) provides for coordination of response and recovery 
     efforts at the local level, including procedures for 
     effective incident command in conformance with the National 
     Incident Management System.
       ``(2) Consultation.--The State plan submitted under 
     paragraph (1) shall be developed in consultation with and 
     subject to appropriate comment by local governments and first 
     responders within the State.
       ``(3) Approval by secretary.--The Secretary may not award 
     any covered grant to a State unless the Secretary has 
     approved the applicable State homeland security plan.
       ``(4) Revisions.--A State may revise the applicable State 
     homeland security plan approved by the Secretary under this 
     subsection, subject to approval of the revision by the 
     Secretary.
       ``(d) Consistency With State Plans.--The Secretary shall 
     ensure that each covered grant is used to supplement and 
     support, in a consistent and coordinated manner, the 
     applicable State homeland security plan or plans.
       ``(e) Application for Grant.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, any State, region, or directly eligible tribe may 
     apply for a covered grant by submitting to the Secretary an 
     application at such time, in such manner, and containing such 
     information as is required under this subsection, or as the 
     Secretary may reasonably require.
       ``(2) Deadlines for applications and awards.--All 
     applications for covered grants must be submitted at such 
     time as the Secretary may reasonably require for the fiscal 
     year for which they are submitted. The Secretary shall award 
     covered grants pursuant to all approved applications for such 
     fiscal year as soon as practicable, but not later than March 
     1 of such year.
       ``(3) Availability of funds.--All funds awarded by the 
     Secretary under covered grants in a fiscal year shall be 
     available for obligation through the end of the subsequent 
     fiscal year.
       ``(4) Minimum contents of application.--The Secretary shall 
     require that each applicant include in its application, at a 
     minimum--
       ``(A) the purpose for which the applicant seeks covered 
     grant funds and the reasons why the applicant needs the 
     covered grant to meet the essential capabilities for 
     terrorism preparedness within the State, region, or directly 
     eligible tribe to which the application pertains;
       ``(B) a description of how, by reference to the applicable 
     State homeland security plan or plans under subsection (c), 
     the allocation of grant funding proposed in the application, 
     including, where applicable, the amount not passed through 
     under section 1806(g)(1), would assist in fulfilling the 
     essential capabilities for terrorism preparedness specified 
     in such plan or plans;
       ``(C) a statement of whether a mutual aid agreement applies 
     to the use of all or any portion of the covered grant funds;
       ``(D) if the applicant is a State, a description of how the 
     State plans to allocate the covered grant funds to regions, 
     local governments, and Indian tribes;
       ``(E) if the applicant is a region--
       ``(i) a precise geographical description of the region and 
     a specification of all participating and nonparticipating 
     local governments within the geographical area comprising 
     that region;
       ``(ii) a specification of what governmental entity within 
     the region will administer the expenditure of funds under the 
     covered grant; and
       ``(iii) a designation of a specific individual to serve as 
     regional liaison;
       ``(F) a capital budget showing how the applicant intends to 
     allocate and expend the covered grant funds;
       ``(G) if the applicant is a directly eligible tribe, a 
     designation of a specific individual to serve as the tribal 
     liaison; and
       ``(H) a statement of how the applicant intends to meet the 
     matching requirement, if any, that applies under section 
     1806(g)(2).
       ``(5) Regional applications.--
       ``(A) Relationship to state applications.--A regional 
     application--
       ``(i) shall be coordinated with an application submitted by 
     the State or States of which such region is a part;
       ``(ii) shall supplement and avoid duplication with such 
     State application; and
       ``(iii) shall address the unique regional aspects of such 
     region's terrorism preparedness needs beyond those provided 
     for in the application of such State or States.
       ``(B) State review and submission.--To ensure the 
     consistency required under subsection (d) and the 
     coordination required under subparagraph (A) of this 
     paragraph, an applicant that is a region must submit its 
     application to each State of which any part

[[Page 16993]]

     is included in the region for review and concurrence prior to 
     the submission of such application to the Secretary. The 
     regional application shall be transmitted to the Secretary 
     through each such State within 30 days of its receipt, unless 
     the Governor of such a State notifies the Secretary, in 
     writing, that such regional application is inconsistent with 
     the State's homeland security plan and provides an 
     explanation of the reasons therefor.
       ``(C) Distribution of regional awards.--If the Secretary 
     approves a regional application, then the Secretary shall 
     distribute a regional award to the State or States submitting 
     the applicable regional application under subparagraph (B), 
     and each such State shall, not later than the end of the 45-
     day period beginning on the date after receiving a regional 
     award, pass through to the region all covered grant funds or 
     resources purchased with such funds, except those funds 
     necessary for the State to carry out its responsibilities 
     with respect to such regional application: Provided, That in 
     no such case shall the State or States pass through to the 
     region less than 80 percent of the regional award.
       ``(D) Certifications regarding distribution of grant funds 
     to regions.--Any State that receives a regional award under 
     subparagraph (C) shall certify to the Secretary, by not later 
     than 30 days after the expiration of the period described in 
     subparagraph (C) with respect to the grant, that the State 
     has made available to the region the required funds and 
     resources in accordance with subparagraph (C).
       ``(E) Direct payments to regions.--If any State fails to 
     pass through a regional award to a region as required by 
     subparagraph (C) within 45 days after receiving such award 
     and does not request or receive an extension of such period 
     under section 1806(h)(2), the region may petition the 
     Secretary to receive directly the portion of the regional 
     award that is required to be passed through to such region 
     under subparagraph (C).
       ``(F) Regional liaisons.--A regional liaison designated 
     under paragraph (4)(E)(iii) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials within the region concerning terrorism 
     preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials within 
     the region to assist in the development of the regional 
     application and to improve the region's access to covered 
     grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials within the region, covered 
     grants awarded to the region.
       ``(6) Tribal applications.--
       ``(A) Submission to the state or states.--To ensure the 
     consistency required under subsection (d), an applicant that 
     is a directly eligible tribe must submit its application to 
     each State within the boundaries of which any part of such 
     tribe is located for direct submission to the Department 
     along with the application of such State or States.
       ``(B) Opportunity for state comment.--Before awarding any 
     covered grant to a directly eligible tribe, the Secretary 
     shall provide an opportunity to each State within the 
     boundaries of which any part of such tribe is located to 
     comment to the Secretary on the consistency of the tribe's 
     application with the State's homeland security plan. Any such 
     comments shall be submitted to the Secretary concurrently 
     with the submission of the State and tribal applications.
       ``(C) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a directly eligible tribe with the applicable State homeland 
     security plan or plans, and to approve any application of 
     such tribe. The Secretary shall notify each State within the 
     boundaries of which any part of such tribe is located of the 
     approval of an application by such tribe.
       ``(D) Tribal liaison.--A tribal liaison designated under 
     paragraph (4)(G) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials concerning terrorism preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials to 
     assist in the development of the application of such tribe 
     and to improve the tribe's access to covered grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials, covered grants awarded to 
     such tribe.
       ``(E) Limitation on the number of direct grants.--The 
     Secretary may make covered grants directly to not more than 
     20 directly eligible tribes per fiscal year.
       ``(F) Tribes not receiving direct grants.--An Indian tribe 
     that does not receive a grant directly under this section is 
     eligible to receive funds under a covered grant from the 
     State or States within the boundaries of which any part of 
     such tribe is located, consistent with the homeland security 
     plan of the State as described in subsection (c). If a State 
     fails to comply with section 1806(g)(1), the tribe may 
     request payment under section 1806(h)(3) in the same manner 
     as a local government.
       ``(7) Equipment standards.--If an applicant for a covered 
     grant proposes to upgrade or purchase, with assistance 
     provided under the grant, new equipment or systems that do 
     not meet or exceed any applicable national voluntary 
     consensus standards established by the Secretary, the 
     applicant shall include in the application an explanation of 
     why such equipment or systems will serve the needs of the 
     applicant better than equipment or systems that meet or 
     exceed such standards.

     ``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.

       ``(a) First Responder Grants Board.--
       ``(1) Establishment of board.--The Secretary shall 
     establish a First Responder Grants Board, consisting of--
       ``(A) the Secretary;
       ``(B) the Under Secretary for Emergency Preparedness and 
     Response;
       ``(C) the Under Secretary for Border and Transportation 
     Security;
       ``(D) the Under Secretary for Information Analysis and 
     Infrastructure Protection;
       ``(E) the Under Secretary for Science and Technology;
       ``(F) the Director of the Office for Domestic Preparedness;
       ``(G) the Administrator of the United States Fire 
     Administration; and
       ``(H) the Administrator of the Animal and Plant Health 
     Inspection Service.
       ``(2) Chairman.--
       ``(A) In general.--The Secretary shall be the Chairman of 
     the Board.
       ``(B) Exercise of authorities by deputy secretary.--The 
     Deputy Secretary of Homeland Security may exercise the 
     authorities of the Chairman, if the Secretary so directs.
       ``(b) Functions of Under Secretaries.--The Under 
     Secretaries referred to in subsection (a)(1) shall seek to 
     ensure that the relevant expertise and input of the staff of 
     their directorates are available to and considered by the 
     Board.
       ``(c) Prioritization of Grant Applications.--
       ``(1) Factors to be considered.--The Board shall evaluate 
     and annually prioritize all pending applications for covered 
     grants based upon the degree to which they would, by 
     achieving, maintaining, or enhancing the essential 
     capabilities of the applicants on a nationwide basis, lessen 
     the threat to, vulnerability of, and consequences for persons 
     (including transient commuting and tourist populations) and 
     critical infrastructure. Such evaluation and prioritization 
     shall be based upon the most current risk assessment 
     available by the Directorate for Information Analysis and 
     Infrastructure Protection of the threats of terrorism against 
     the United States. The Board shall coordinate with State, 
     local, regional, and tribal officials in establishing 
     criteria for evaluating and prioritizing applications for 
     covered grants.
       ``(2) Critical infrastructure sectors.--The Board 
     specifically shall consider threats of terrorism against the 
     following critical infrastructure sectors in all areas of the 
     United States, urban and rural:
       ``(A) Agriculture and food.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) The defense industrial base.
       ``(E) Emergency services.
       ``(F) Energy.
       ``(G) Government facilities.
       ``(H) Postal and shipping.
       ``(I) Public health and health care.
       ``(J) Information technology.
       ``(K) Telecommunications.
       ``(L) Transportation systems.
       ``(M) Water.
       ``(N) Dams.
       ``(O) Commercial facilities.
       ``(P) National monuments and icons.

     The order in which the critical infrastructure sectors are 
     listed in this paragraph shall not be construed as an order 
     of priority for consideration of the importance of such 
     sectors.
       ``(3) Types of threat.--The Board specifically shall 
     consider the following types of threat to the critical 
     infrastructure sectors described in paragraph (2), and to 
     populations in all areas of the United States, urban and 
     rural:
       ``(A) Biological threats.
       ``(B) Nuclear threats.
       ``(C) Radiological threats.
       ``(D) Incendiary threats.
       ``(E) Chemical threats.
       ``(F) Explosives.
       ``(G) Suicide bombers.
       ``(H) Cyber threats.
       ``(I) Any other threats based on proximity to specific past 
     acts of terrorism or the known activity of any terrorist 
     group.

     The order in which the types of threat are listed in this 
     paragraph shall not be construed as an order of priority for 
     consideration of the importance of such threats.
       ``(4) Consideration of additional factors.--The Board shall 
     take into account any other specific threat to a population 
     (including a transient commuting or tourist population) or 
     critical infrastructure sector that the Board has determined 
     to exist. In evaluating the threat to a population or 
     critical infrastructure sector, the Board shall give greater 
     weight to threats of terrorism based upon their specificity 
     and credibility, including any pattern of repetition.
       ``(5) Minimum amounts.--After evaluating and prioritizing 
     grant applications under

[[Page 16994]]

     paragraph (1), the Board shall ensure that, for each fiscal 
     year--
       ``(A) each of the States, other than the Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands, that 
     has an approved State homeland security plan receives no less 
     than 0.25 percent of the funds available for covered grants 
     for that fiscal year for purposes of implementing its 
     homeland security plan in accordance with the prioritization 
     of needs under section 1803(c)(1)(D);
       ``(B) each of the States, other than the Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands, that 
     has an approved State homeland security plan and that meets 
     one or both of the additional high-risk qualifying criteria 
     under paragraph (6) receives no less than 0.45 percent of the 
     funds available for covered grants for that fiscal year for 
     purposes of implementing its homeland security plan in 
     accordance with the prioritization of needs under section 
     1803(c)(1)(D);
       ``(C) the Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands each receives no less than 0.08 
     percent of the funds available for covered grants for that 
     fiscal year for purposes of implementing its approved State 
     homeland security plan in accordance with the prioritization 
     of needs under section 1803(c)(1)(D); and
       ``(D) directly eligible tribes collectively receive no less 
     than 0.08 percent of the funds available for covered grants 
     for such fiscal year for purposes of addressing the needs 
     identified in the applications of such tribes, consistent 
     with the homeland security plan of each State within the 
     boundaries of which any part of any such tribe is located, 
     except that this clause shall not apply with respect to funds 
     available for a fiscal year if the Secretary receives less 
     than 5 applications for such fiscal year from such tribes 
     under section 1803(e)(6)(A) or does not approve at least one 
     such application.
       ``(6) Additional high-risk qualifying criteria.--For 
     purposes of paragraph (5)(B), additional high-risk qualifying 
     criteria consist of--
       ``(A) having a significant international land border; or
       ``(B) adjoining a body of water within North America 
     through which an international boundary line extends.
       ``(d) Effect of Regional Awards on State Minimum.--Any 
     regional award, or portion thereof, provided to a State under 
     section 1803(e)(5)(C) shall not be considered in calculating 
     the minimum State award under subsection (c)(5) of this 
     section.

     ``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST 
                   RESPONDERS.

       ``(a) Establishment.--To assist the Secretary in updating, 
     revising, or replacing essential capabilities for terrorism 
     preparedness, the Secretary shall establish an advisory body 
     pursuant to section 871(a) not later than 60 days after the 
     date of the enactment of this section, which shall be known 
     as the Task Force on Terrorism Preparedness for First 
     Responders.
       ``(b) Update, Revise, or Replace.--The Secretary shall 
     regularly update, revise, or replace the essential 
     capabilities for terrorism preparedness as necessary, but not 
     less than every 3 years.
       ``(c) Report.--
       ``(1) In general.--The Task Force shall submit to the 
     Secretary, by not later than 12 months after its 
     establishment by the Secretary under subsection (a) and not 
     later than every 2 years thereafter, a report on its 
     recommendations for essential capabilities for terrorism 
     preparedness.
       ``(2) Contents.--Each report shall--
       ``(A) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to the 
     Congress on determining the appropriate allocation of, and 
     funding levels for, first responder needs;
       ``(B) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain;
       ``(C) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment;
       ``(D) include such additional matters as the Secretary may 
     specify in order to further the terrorism preparedness 
     capabilities of first responders; and
       ``(E) include such revisions to the contents of previous 
     reports as are necessary to take into account changes in the 
     most current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection or other 
     relevant information as determined by the Secretary.
       ``(3) Consistency with federal working group.--The Task 
     Force shall ensure that its recommendations for essential 
     capabilities for terrorism preparedness are, to the extent 
     feasible, consistent with any preparedness goals or 
     recommendations of the Federal working group established 
     under section 319F(a) of the Public Health Service Act (42 
     U.S.C. 247d-6(a)).
       ``(4) Comprehensiveness.--The Task Force shall ensure that 
     its recommendations regarding essential capabilities for 
     terrorism preparedness are made within the context of a 
     comprehensive State emergency management system.
       ``(5) Prior measures.--The Task Force shall ensure that its 
     recommendations regarding essential capabilities for 
     terrorism preparedness take into account any capabilities 
     that State or local officials have determined to be essential 
     and have undertaken since September 11, 2001, to prevent, 
     prepare for, respond to, or recover from terrorist attacks.
       ``(d) Membership.--
       ``(1) In general.--The Task Force shall consist of 25 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic (including urban and 
     rural) and substantive cross section of governmental and 
     nongovernmental first responder disciplines from the State 
     and local levels, including as appropriate--
       ``(A) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel (including public works personnel 
     routinely engaged in emergency response);
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(C) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representation from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and
       ``(D) State and local officials with expertise in terrorism 
     preparedness, subject to the condition that if any such 
     official is an elected official representing one of the two 
     major political parties, an equal number of elected officials 
     shall be selected from each such party.
       ``(2) Coordination with the department of health and health 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate such selection 
     with the Secretary of Health and Human Services.
       ``(3) Ex officio members.--The Secretary and the Secretary 
     of Health and Human Services shall each designate one or more 
     officers of their respective Departments to serve as ex 
     officio members of the Task Force. One of the ex officio 
     members from the Department of Homeland Security shall be the 
     designated officer of the Federal Government for purposes of 
     subsection (e) of section 10 of the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(e) Applicability of Federal Advisory Committee Act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 App. U.S.C.), including subsections (a), 
     (b), and (d) of section 10 of such Act, and section 552b(c) 
     of title 5, United States Code, shall apply to the Task 
     Force.

     ``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

       ``(a) In General.--A covered grant may be used for--
       ``(1) purchasing or upgrading equipment, including computer 
     software, to enhance terrorism preparedness;
       ``(2) exercises to strengthen terrorism preparedness;
       ``(3) training for prevention (including detection) of, 
     preparedness for, response to, or recovery from attacks 
     involving weapons of mass destruction, including training in 
     the use of equipment and computer software;
       ``(4) developing or updating State homeland security plans, 
     risk assessments, mutual aid agreements, and emergency 
     management plans to enhance terrorism preparedness;
       ``(5) establishing or enhancing mechanisms for sharing 
     terrorism threat information;
       ``(6) systems architecture and engineering, program 
     planning and management, strategy formulation and strategic 
     planning, life-cycle systems design, product and technology 
     evaluation, and prototype development for terrorism 
     preparedness purposes;
       ``(7) additional personnel costs resulting from--
       ``(A) elevations in the threat alert level of the Homeland 
     Security Advisory System by the Secretary, or a similar 
     elevation in threat alert level issued by a State, region, or 
     local government with the approval of the Secretary;
       ``(B) travel to and participation in exercises and training 
     in the use of equipment and on prevention activities; and
       ``(C) the temporary replacement of personnel during any 
     period of travel to and participation in exercises and 
     training in the use of equipment and on prevention 
     activities;
       ``(8) the costs of equipment (including software) required 
     to receive, transmit, handle, and store classified 
     information;
       ``(9) protecting critical infrastructure against potential 
     attack by the addition of barriers, fences, gates, and other 
     such devices, except that the cost of such measures may not 
     exceed the greater of--
       ``(A) $1,000,000 per project; or

[[Page 16995]]

       ``(B) such greater amount as may be approved by the 
     Secretary, which may not exceed 10 percent of the total 
     amount of the covered grant;
       ``(10) the costs of commercially available interoperable 
     communications equipment (which, where applicable, is based 
     on national, voluntary consensus standards) that the 
     Secretary, in consultation with the Chairman of the Federal 
     Communications Commission, deems best suited to facilitate 
     interoperability, coordination, and integration between and 
     among emergency communications systems, and that complies 
     with prevailing grant guidance of the Department for 
     interoperable communications;
       ``(11) educational curricula development for first 
     responders to ensure that they are prepared for terrorist 
     attacks;
       ``(12) training and exercises to assist public elementary 
     and secondary schools in developing and implementing programs 
     to instruct students regarding age-appropriate skills to 
     prevent, prepare for, respond to, mitigate against, or 
     recover from an act of terrorism;
       ``(13) paying of administrative expenses directly related 
     to administration of the grant, except that such expenses may 
     not exceed 3 percent of the amount of the grant;
       ``(14) paying for the conduct of any activity permitted 
     under the Law Enforcement Terrorism Prevention Program, or 
     any such successor to such program; and
       ``(15) other appropriate activities as determined by the 
     Secretary.
       ``(b) Prohibited Uses.--Funds provided as a covered grant 
     may not be used--
       ``(1) to supplant State or local funds;
       ``(2) to construct buildings or other physical facilities;
       ``(3) to acquire land; or
       ``(4) for any State or local government cost sharing 
     contribution.
       ``(c) Multiple-Purpose Funds.--Nothing in this section 
     shall be construed to preclude State and local governments 
     from using covered grant funds in a manner that also enhances 
     first responder preparedness for emergencies and disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving essential capabilities for terrorism 
     preparedness established by the Secretary.
       ``(d) Reimbursement of Costs.--(1) In addition to the 
     activities described in subsection (a), a covered grant may 
     be used to provide a reasonable stipend to paid-on-call or 
     volunteer first responders who are not otherwise compensated 
     for travel to or participation in training covered by this 
     section. Any such reimbursement shall not be considered 
     compensation for purposes of rendering such a first responder 
     an employee under the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.).
       ``(2) An applicant for a covered grant may petition the 
     Secretary for the reimbursement of the cost of any activity 
     relating to prevention (including detection) of, preparedness 
     for, response to, or recovery from acts of terrorism that is 
     a Federal duty and usually performed by a Federal agency, and 
     that is being performed by a State or local government (or 
     both) under agreement with a Federal agency.
       ``(e) Assistance Requirement.--The Secretary may not 
     require that equipment paid for, wholly or in part, with 
     funds provided as a covered grant be made available for 
     responding to emergencies in surrounding States, regions, and 
     localities, unless the Secretary undertakes to pay the costs 
     directly attributable to transporting and operating such 
     equipment during such response.
       ``(f) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a covered grant, the 
     Secretary may authorize the grantee to transfer all or part 
     of funds provided as the covered grant from uses specified in 
     the grant agreement to other uses authorized under this 
     section, if the Secretary determines that such transfer is in 
     the interests of homeland security.
       ``(g) State, Regional, and Tribal Responsibilities.--
       ``(1) Pass-through.--The Secretary shall require a 
     recipient of a covered grant that is a State to obligate or 
     otherwise make available to local governments, first 
     responders, and other local groups, to the extent required 
     under the State homeland security plan or plans specified in 
     the application for the grant, not less than 80 percent of 
     the grant funds, resources purchased with the grant funds 
     having a value equal to at least 80 percent of the amount of 
     the grant, or a combination thereof, by not later than the 
     end of the 45-day period beginning on the date the grant 
     recipient receives the grant funds.
       ``(2) Cost sharing.--
       ``(A) In general.--The Federal share of the costs of an 
     activity carried out with a covered grant to a State, region, 
     or directly eligible tribe awarded after the 2-year period 
     beginning on the date of the enactment of this section shall 
     not exceed 75 percent.
       ``(B) Interim rule.--The Federal share of the costs of an 
     activity carried out with a covered grant awarded before the 
     end of the 2-year period beginning on the date of the 
     enactment of this section shall be 100 percent.
       ``(C) In-kind matching.--Each recipient of a covered grant 
     may meet the matching requirement under subparagraph (A) by 
     making in-kind contributions of goods or services that are 
     directly linked with the purpose for which the grant is made, 
     including, but not limited to, any necessary personnel 
     overtime, contractor services, administrative costs, 
     equipment fuel and maintenance, and rental space.
       ``(3) Certifications regarding distribution of grant funds 
     to local governments.--Any State that receives a covered 
     grant shall certify to the Secretary, by not later than 30 
     days after the expiration of the period described in 
     paragraph (1) with respect to the grant, that the State has 
     made available for expenditure by local governments, first 
     responders, and other local groups the required amount of 
     grant funds pursuant to paragraph (1).
       ``(4) Quarterly report on homeland security spending.--The 
     Federal share described in paragraph (2)(A) may be increased 
     by up to 2 percent for any State, region, or directly 
     eligible tribe that, not later than 30 days after the end of 
     each fiscal quarter, submits to the Secretary a report on 
     that fiscal quarter. Each such report must include, for each 
     recipient of a covered grant or a pass-through under 
     paragraph (1)--
       ``(A) the amount obligated to that recipient in that 
     quarter;
       ``(B) the amount expended by that recipient in that 
     quarter; and
       ``(C) a summary description of the items purchased by such 
     recipient with such amount.
       ``(5) Annual report on homeland security spending.--Each 
     recipient of a covered grant shall submit an annual report to 
     the Secretary not later than 60 days after the end of each 
     Federal fiscal year. Each recipient of a covered grant that 
     is a region must simultaneously submit its report to each 
     State of which any part is included in the region. Each 
     recipient of a covered grant that is a directly eligible 
     tribe must simultaneously submit its report to each State 
     within the boundaries of which any part of such tribe is 
     located. Each report must include the following:
       ``(A) The amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant during the previous 
     fiscal year.
       ``(B) The amount and the dates of disbursements of all such 
     funds expended in compliance with paragraph (1) or pursuant 
     to mutual aid agreements or other sharing arrangements that 
     apply within the State, region, or directly eligible tribe, 
     as applicable, during the previous fiscal year.
       ``(C) How the funds were utilized by each ultimate 
     recipient or beneficiary during the preceding fiscal year.
       ``(D) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans were 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds during the preceding fiscal year.
       ``(E) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans 
     remain unmet.
       ``(6) Inclusion of restricted annexes.--A recipient of a 
     covered grant may submit to the Secretary an annex to the 
     annual report under paragraph (5) that is subject to 
     appropriate handling restrictions, if the recipient believes 
     that discussion in the report of unmet needs would reveal 
     sensitive but unclassified information.
       ``(7) Provision of reports.--The Secretary shall ensure 
     that each annual report under paragraph (5) is provided to 
     the Under Secretary for Emergency Preparedness and Response 
     and the Director of the Office for Domestic Preparedness.
       ``(h) Incentives to Efficient Administration of Homeland 
     Security Grants.--
       ``(1) Penalties for delay in passing through local share.--
     If a recipient of a covered grant that is a State fails to 
     pass through to local governments, first responders, and 
     other local groups funds or resources required by subsection 
     (g)(1) within 45 days after receiving funds under the grant, 
     the Secretary may--
       ``(A) reduce grant payments to the grant recipient from the 
     portion of grant funds that is not required to be passed 
     through under subsection (g)(1);
       ``(B) terminate payment of funds under the grant to the 
     recipient, and transfer the appropriate portion of those 
     funds directly to local first responders that were intended 
     to receive funding under that grant; or
       ``(C) impose additional restrictions or burdens on the 
     recipient's use of funds under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant 
     recipient's grant-related overtime or other expenses;
       ``(ii) requiring the grant recipient to distribute to local 
     government beneficiaries all or a portion of grant funds that 
     are not required to be passed through under subsection 
     (g)(1); or
       ``(iii) for each day that the grant recipient fails to pass 
     through funds or resources in accordance with subsection 
     (g)(1), reducing grant payments to the grant recipient from 
     the portion of grant funds that is not required to be passed 
     through under subsection (g)(1), except that the total amount 
     of such reduction may not exceed 20 percent of the total 
     amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the

[[Page 16996]]

     Secretary extend the 45-day period under section 
     1803(e)(5)(E) or paragraph (1) for an additional 15-day 
     period. The Secretary may approve such a request, and may 
     extend such period for additional 15-day periods, if the 
     Secretary determines that the resulting delay in providing 
     grant funding to the local government entities that will 
     receive funding under the grant will not have a significant 
     detrimental impact on such entities' terrorism preparedness 
     efforts.
       ``(3) Provision of non-local share to local government.--
       ``(A) In general.--The Secretary may upon request by a 
     local government pay to the local government a portion of the 
     amount of a covered grant awarded to a State in which the 
     local government is located, if--
       ``(i) the local government will use the amount paid to 
     expedite planned enhancements to its terrorism preparedness 
     as described in any applicable State homeland security plan 
     or plans;
       ``(ii) the State has failed to pass through funds or 
     resources in accordance with subsection (g)(1); and
       ``(iii) the local government complies with subparagraphs 
     (B) and (C).
       ``(B) Showing required.--To receive a payment under this 
     paragraph, a local government must demonstrate that--
       ``(i) it is identified explicitly as an ultimate recipient 
     or intended beneficiary in the approved grant application;
       ``(ii) it was intended by the grantee to receive a 
     severable portion of the overall grant for a specific purpose 
     that is identified in the grant application;
       ``(iii) it petitioned the grantee for the funds or 
     resources after expiration of the period within which the 
     funds or resources were required to be passed through under 
     subsection (g)(1); and
       ``(iv) it did not receive the portion of the overall grant 
     that was earmarked or designated for its use or benefit.
       ``(C) Effect of payment.--Payment of grant funds to a local 
     government under this paragraph--
       ``(i) shall not affect any payment to another local 
     government under this paragraph; and
       ``(ii) shall not prejudice consideration of a request for 
     payment under this paragraph that is submitted by another 
     local government.
       ``(D) Deadline for action by secretary.--The Secretary 
     shall approve or disapprove each request for payment under 
     this paragraph by not later than 15 days after the date the 
     request is received by the Department.
       ``(i) Reports to Congress.--The Secretary shall submit an 
     annual report to the Congress by January 31 of each year 
     covering the preceding fiscal year--
       ``(1) describing in detail the amount of Federal funds 
     provided as covered grants that were directed to each State, 
     region, and directly eligible tribe in the preceding fiscal 
     year;
       ``(2) containing information on the use of such grant funds 
     by grantees; and
       ``(3) describing--
       ``(A) the Nation's progress in achieving, maintaining, and 
     enhancing the essential capabilities established by the 
     Secretary as a result of the expenditure of covered grant 
     funds during the preceding fiscal year; and
       ``(B) an estimate of the amount of expenditures required to 
     attain across the United States the essential capabilities 
     established by the Secretary.

     ``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
                   AND TRAINING.

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office for 
     Domestic Preparedness, shall, not later than 6 months after 
     the date of enactment of this section, support the 
     development of, promulgate, and update as necessary national 
     voluntary consensus standards for the performance, use, and 
     validation of first responder equipment for purposes of 
     section 1805(e)(7). Such standards--
       ``(A) shall be, to the maximum extent practicable, 
     consistent with any existing voluntary consensus standards;
       ``(B) shall take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) shall be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) shall cover all appropriate uses of the equipment.
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary shall specifically consider the following 
     categories of first responder equipment:
       ``(A) Thermal imaging equipment.
       ``(B) Radiation detection and analysis equipment.
       ``(C) Biological detection and analysis equipment.
       ``(D) Chemical detection and analysis equipment.
       ``(E) Decontamination and sterilization equipment.
       ``(F) Personal protective equipment, including garments, 
     boots, gloves, and hoods and other protective clothing.
       ``(G) Respiratory protection equipment.
       ``(H) Interoperable communications, including wireless and 
     wireline voice, video, and data networks.
       ``(I) Explosive mitigation devices and explosive detection 
     and analysis equipment.
       ``(J) Containment vessels.
       ``(K) Contaminant-resistant vehicles.
       ``(L) Such other equipment for which the Secretary 
     determines that national voluntary consensus standards would 
     be appropriate.
       ``(b) Training Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office for 
     Domestic Preparedness, shall support the development of, 
     promulgate, and regularly update as necessary national 
     voluntary consensus standards for first responder training 
     carried out with amounts provided under covered grant 
     programs, that will enable State and local government first 
     responders to achieve optimal levels of terrorism 
     preparedness as quickly as practicable. Such standards shall 
     give priority to providing training to--
       ``(A) enable first responders to prevent, prepare for, 
     respond to, mitigate against, and recover from terrorist 
     threats, including threats from chemical, biological, 
     nuclear, and radiological weapons and explosive devices 
     capable of inflicting significant human casualties; and
       ``(B) familiarize first responders with the proper use of 
     equipment, including software, developed pursuant to the 
     standards established under subsection (a).
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary specifically shall include the following 
     categories of first responder activities:
       ``(A) Regional planning.
       ``(B) Joint exercises.
       ``(C) Intelligence collection, analysis, and sharing.
       ``(D) Emergency notification of affected populations.
       ``(E) Detection of biological, nuclear, radiological, and 
     chemical weapons of mass destruction.
       ``(F) Such other activities for which the Secretary 
     determines that national voluntary consensus training 
     standards would be appropriate.
       ``(3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that such training standards are 
     consistent with the principles of emergency preparedness for 
     all hazards.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the National Association of County and City Health 
     Officials;
       ``(4) the Association of State and Territorial Health 
     Officials;
       ``(5) the American National Standards Institute;
       ``(6) the National Institute of Justice;
       ``(7) the Inter-Agency Board for Equipment Standardization 
     and Interoperability;
       ``(8) the National Public Health Performance Standards 
     Program;
       ``(9) the National Institute for Occupational Safety and 
     Health;
       ``(10) ASTM International;
       ``(11) the International Safety Equipment Association;
       ``(12) the Emergency Management Accreditation Program; and
       ``(13) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.''.
       (b) Definition of Emergency Response Providers.--Paragraph 
     (6) of section 2 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 101(6)) is amended by striking 
     ``includes'' and all that follows and inserting ``includes 
     Federal, State, and local governmental and nongovernmental 
     emergency public safety, law enforcement, fire, emergency 
     response, emergency medical (including hospital emergency 
     facilities), and related personnel, organizations, agencies, 
     and authorities.''.

     SEC. 12. OVERSIGHT.

       The Secretary of Homeland Security shall establish within 
     the Office for Domestic Preparedness an Office of the 
     Comptroller to oversee the grants distribution process and 
     the financial management of the Office for Domestic 
     Preparedness.

[[Page 16997]]



     SEC. 13. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND 
                   SECURITY FIRST RESPONDER TRAINING.

       (a) In General.--The Comptroller General of the United 
     States shall report to the Congress in accordance with this 
     section--
       (1) on the overall inventory and status of first responder 
     training programs of the Department of Homeland Security and 
     other departments and agencies of the Federal Government; and
       (2) the extent to which such programs are coordinated.
       (b) Contents of Reports.--The reports under this section 
     shall include--
       (1) an assessment of the effectiveness of the structure and 
     organization of such training programs;
       (2) recommendations to--
       (A) improve the coordination, structure, and organization 
     of such training programs; and
       (B) increase the availability of training to first 
     responders who are not able to attend centralized training 
     programs;
       (3) the structure and organizational effectiveness of such 
     programs for first responders in rural communities;
       (4) identification of any duplication or redundancy among 
     such programs;
       (5) a description of the use of State and local training 
     institutions, universities, centers, and the National 
     Domestic Preparedness Consortium in designing and providing 
     training;
       (6) a cost-benefit analysis of the costs and time required 
     for first responders to participate in training courses at 
     Federal institutions;
       (7) an assessment of the approval process for certifying 
     non-Department of Homeland Security training courses that are 
     useful for anti-terrorism purposes as eligible for grants 
     awarded by the Department;
       (8) a description of the use of Department of Homeland 
     Security grant funds by States and local governments to 
     acquire training;
       (9) an analysis of the feasibility of Federal, State, and 
     local personnel to receive the training that is necessary to 
     adopt the National Response Plan and the National Incident 
     Management System; and
       (10) the role of each first responder training institution 
     within the Department of Homeland Security in the design and 
     implementation of terrorism preparedness and related training 
     courses for first responders.
       (c) Deadlines.--The Comptroller General shall--
       (1) submit a report under subsection (a)(1) by not later 
     than 60 days after the date of the enactment of this Act; and
       (2) submit a report on the remainder of the topics required 
     by this section by not later than 120 days after the date of 
     the enactment of this Act.

     SEC. 14. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE 
                   THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER 
                   FIRE COMPANIES.

       (a) Liability Protection.--A person who donates fire 
     control or fire rescue equipment to a volunteer fire company 
     shall not be liable for civil damages under any State or 
     Federal law for personal injuries, property damage or loss, 
     or death caused by the equipment after the donation.
       (b) Exceptions.--Subsection (a) does not apply to a person 
     if--
       (1) the person's act or omission causing the injury, 
     damage, loss, or death constitutes gross negligence or 
     intentional misconduct; or
       (2) the person is the manufacturer of the fire control or 
     fire rescue equipment.
       (c) Preemption.--This section preempts the laws of any 
     State to the extent that such laws are inconsistent with this 
     section, except that notwithstanding subsection (b) this 
     section shall not preempt any State law that provides 
     additional protection from liability for a person who donates 
     fire control or fire rescue equipment to a volunteer fire 
     company.
       (d) Definitions.--In this section:
       (1) Person.--The term ``person'' includes any governmental 
     or other entity.
       (2) Fire control or rescue equipment.--The term ``fire 
     control or fire rescue equipment'' includes any fire vehicle, 
     fire fighting tool, communications equipment, protective 
     gear, fire hose, or breathing apparatus.
       (3) State.--The term ``State'' includes the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Commonwealth of the Northern Mariana Islands, American 
     Samoa, Guam, the Virgin Islands, any other territory or 
     possession of the United States, and any political 
     subdivision of any such State, territory, or possession.
       (4) Volunteer fire company.--The term ``volunteer fire 
     company'' means an association of individuals who provide 
     fire protection and other emergency services, where at least 
     30 percent of the individuals receive little or no 
     compensation compared with an entry level full-time paid 
     individual in that association or in the nearest such 
     association with an entry level full-time paid individual.
       (e) Effective Date.--This section applies only to liability 
     for injury, damage, loss, or death caused by equipment that, 
     for purposes of subsection (a), is donated on or after the 
     date that is 30 days after the date of the enactment of this 
     section.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the 
gentlewoman from New York (Mrs. Lowey) and a Member opposed each will 
control 5 minutes.
  Mrs. LOWEY. Mr. Chairman, I do not believe there is a Member opposed.
  Mr. SENSENBRENNER. Mr. Chairman, I ask unanimous consent to claim the 
time in opposition, even though I am not opposed to the amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mrs. LOWEY. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from New York (Mr. Sweeney) and ask unanimous consent that he be 
allowed to control that time.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  The Acting CHAIRMAN. The Chair recognizes the gentlewoman from New 
York (Mrs. Lowey).
  Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this commonsense amendment would simply ensure that the 
areas in our country facing the greatest threat receive their fair 
share of homeland security funds. Recent worldwide attacks against 
areas with significant critical infrastructure are not wake-up calls, 
they are fire alarms.
  This amendment already has widespread support. The House voted for 
these same provisions by a vote of 409 to 10 just 10 months ago.
  I urge my colleagues to once again support these provisions. Let us 
take action tonight so that we can allocate our precious resources to 
those who need them the most.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  2000

  Mr. SWEENEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in strong support of this amendment and want to 
thank my good friend and colleague, the gentlewoman from New York (Mrs. 
Lowey). We have worked on a number of things, including this, for quite 
some time.
  Mr. Chairman, 3 years ago I introduced identical legislation that 
made homeland security funds, first responder funds threat-based. That 
legislation, I am happy to say, has since been supported overwhelmingly 
by the 9/11 Commission, the President, and the Secretary of the 
Department of Homeland Security. We passed an amendment by House vote 
of 409 to 10 as part of the authorizing language for Department of 
Homeland Security.
  Simply, what this is, and this is not a geographic vote, this is not 
a political-philosophical vote, it simply says the Department of 
Homeland Secretary and the Secretary of that Department ought to have 
the resources and ought to have the flexibility to direct Federal 
resources where they belong, to direct Federal resources where the 
threats exist.
  So if it is in the subway systems or the rail systems or the aviation 
system or some other system that the threat actually exists, the 
Secretary will have the capacity and the tools to indeed take all of 
the resources that we have as a Nation to protect ourselves.
  We owe it to our constituents. It is the highest order of duty here 
in this body. The gentlewoman from New York (Mrs. Lowey) and I have 
worked on this now for a number of years, and I am thrilled we are 
offering it here. My suspicion is it is going to be accepted here and 
made part of the PATRIOT Act.
  The reason it is part of the PATRIOT Act is the original formula, the 
current formula that we operate under, was part of the original PATRIOT 
Act bill that was passed. At that time, we could not have anticipated 
all of the things we now know to be true as a body. This is rectifying 
something that was an oversight in the original PATRIOT Act bill. I 
strongly support that, as I do this bill.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I support this amendment, and just let me give a little 
bit of the history of this.

[[Page 16998]]

  The gentleman from New York (Mr. Sweeney) is correct that the first 
responder grants were a part of the original PATRIOT Act. We did not 
know how to divide up the first responder grants properly, so we put a 
formula in. Well, it ended up that the formula had some anomalies, and 
it ended up being out of date.
  As a result, in the last Congress the Committee on the Judiciary and 
the Select Committee on Homeland Security worked out an agreement where 
the formula would be modified, where there would be certain floors for 
States, a lot of the money would be threat-based and the types of 
grants were consolidated so that there would be a simpler application 
process. That bill was passed 409 to 10. There were just a few Members 
that voted against it. Then it went over to the other body and nothing 
happened to it.
  We have attempted to redo the first responder grants again in this 
Congress, and there is no hope that the other body will take the stand-
alone bill and enact it into law.
  By adopting this amendment, we are going to be in a stronger position 
to actually make the needed changes in the formula law of the United 
States of America this year without further delay. That is why this 
amendment should be supported. I would hope that it would have an 
overwhelming vote.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank the gentlemen for their support. I thank them 
for accepting it. This is a very important amendment. I thank the 
chairman for his wisdom and for his comments. I am glad we were able to 
use this as a vehicle to get the job done.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentlewoman from New York (Mrs. Lowey).
  The amendment was agreed to.


          Sequential Votes Postponed in Committee of the Whole

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part B of House Report 
109-178 on which further proceedings were postponed in the follow 
order: amendment No. 9 offered by Mr. Berman of California; amendment 
No. 11 offered by Mr. Schiff of California; amendment No. 14 by offered 
by Ms. Hart of Pennsylvania; amendment No. 15, as modified, offered by 
Ms. Jackson-Lee of Texas.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 9 Offered by Mr. Berman

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Berman) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 261, 
noes 165, not voting 7, as follows:

                             [Roll No. 409]

                               AYES--261

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Cannon
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crowley
     Cuellar
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Feeney
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Ford
     Frank (MA)
     Gerlach
     Gillmor
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Harman
     Harris
     Hart
     Hastings (WA)
     Hefley
     Hensarling
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kingston
     Kucinich
     Kuhl (NY)
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Mack
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Petri
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Rahall
     Rangel
     Regula
     Reyes
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sherman
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn
     Young (AK)

                               NOES--165

     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boustany
     Brady (TX)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Cole (OK)
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Everett
     Ferguson
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gingrey
     Granger
     Graves
     Hall
     Hayes
     Hayworth
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hunter
     Hyde
     Jindal
     Johnson (CT)
     Johnson, Sam
     Keller
     Kelly
     King (IA)
     King (NY)
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCaul (TX)
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Oxley
     Pearce
     Peterson (PA)
     Pitts
     Platts
     Pombo
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walsh
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--7

     Brown (SC)
     Hastings (FL)
     Hinojosa
     Jefferson
     Pickering
     Taylor (MS)
     Thomas

                              {time}  2030

  Ms. FOXX, Messrs. LINCOLN DIAZ-BALART, RADANOVICH, SODREL, BOUSTANY, 
Mrs. MYRICK, Messrs. GRAVES, McCRERY, TERRY and Miss McMORRIS changed 
their vote from ``aye'' to ``no''.
  Messrs. KINGSTON, WALDEN of Oregon, GUTKNECHT, Ms. SOLIS, Mr. SCHWARZ 
of Michigan, Ms. HARRIS, Mr. ROHRABACHER, Mrs. EMERSON,

[[Page 16999]]

and Messrs. YOUNG of Alaska, COX and INGLIS of South Carolina changed 
their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 11 Offered by Mr. Schiff

  The Acting CHAIRMAN (Mr. Simpson). The pending business is the demand 
for a recorded vote on the amendment offered by the gentleman from 
California (Mr. Schiff) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 381, 
noes 45, not voting 7, as follows:

                             [Roll No. 410]

                               AYES--381

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hobson
     Hoekstra
     Holden
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Melancon
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Obey
     Ortiz
     Osborne
     Oxley
     Pallone
     Pascrell
     Pastor
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Walden (OR)
     Walsh
     Wamp
     Watson
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--45

     Baldwin
     Blumenauer
     Conyers
     Delahunt
     Filner
     Frank (MA)
     Grijalva
     Holt
     Jackson (IL)
     Jackson-Lee (TX)
     Jones (OH)
     Kildee
     Kilpatrick (MI)
     Kucinich
     Lee
     Lewis (GA)
     Markey
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller, George
     Mollohan
     Moore (WI)
     Nadler
     Oberstar
     Olver
     Otter
     Owens
     Paul
     Payne
     Sabo
     Schakowsky
     Scott (VA)
     Serrano
     Stark
     Tierney
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Woolsey

                             NOT VOTING--7

     Brown (SC)
     Hastings (FL)
     Hinojosa
     Jefferson
     Pickering
     Taylor (MS)
     Thomas


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised that 2 
minutes remain in this vote.

                              {time}  2039

  Messrs. KILDEE, BLUMENAUER, DELAHUNT and Ms. MILLENDER- McDONALD 
changed their vote from ``aye'' to ``no''.
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                  Amendment No. 14 Offered by Ms. Hart

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
Pennsylvania (Ms. Hart) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 387, 
noes 38, not voting 8, as follows:

                             [Roll No. 411]

                               AYES--387

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Cardin
     Cardoza
     Carnahan
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves

[[Page 17000]]


     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hobson
     Hoekstra
     Holden
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson-Lee (TX)
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Loretta
     Sanders
     Saxton
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Watson
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--38

     Baldwin
     Blumenauer
     Capuano
     Carson
     Clay
     Conyers
     Crowley
     Cummings
     Filner
     Frank (MA)
     Grijalva
     Gutierrez
     Holt
     Jackson (IL)
     Jones (OH)
     Kucinich
     Lee
     Lewis (GA)
     Lofgren, Zoe
     Markey
     McDermott
     McGovern
     McKinney
     Miller, George
     Moore (WI)
     Paul
     Payne
     Petri
     Sanchez, Linda T.
     Schakowsky
     Scott (VA)
     Serrano
     Solis
     Stark
     Waters
     Watt
     Wexler
     Woolsey

                             NOT VOTING--8

     Brown (SC)
     Hastings (FL)
     Hinojosa
     Jefferson
     Lewis (CA)
     Pickering
     Taylor (MS)
     Thomas


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Simpson) (during the vote). Members are 
advised that 2 minutes remain in this vote.

                              {time}  2046

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


   Amendment No. 15, as Modified, Offered by Ms. Jackson-Lee of Texas

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment, as modified, offered by the gentlewoman 
from Texas (Ms. Jackson-Lee) on which further proceedings were 
postponed and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 233, 
noes 192, not voting 9, as follows:

                             [Roll No. 412]

                               AYES--233

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Case
     Castle
     Chocola
     Clay
     Cleaver
     Coble
     Cole (OK)
     Conyers
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Fortenberry
     Frank (MA)
     Frelinghuysen
     Gerlach
     Gilchrest
     Gillmor
     Gohmert
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Herseth
     Higgins
     Hinchey
     Hobson
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Mack
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Poe
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Rogers (KY)
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Tanner
     Tauscher
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Whitfield
     Woolsey
     Wu
     Wynn
     Young (FL)

                               NOES--192

     Aderholt
     Akin
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Biggert
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Chandler
     Clyburn
     Conaway
     Cooper
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (KY)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hoekstra
     Hostettler
     Hulshof
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson, Sam
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Linder
     Lucas
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Scott (VA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus

[[Page 17001]]


     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)

                             NOT VOTING--9

     Brown (SC)
     Cardoza
     Hastings (FL)
     Hinojosa
     Jefferson
     Kirk
     Pickering
     Taylor (MS)
     Thomas


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised that 2 
minutes remain in this vote.

                              {time}  2053

  Messrs. SCHWARZ of Michigan, FORD, BERMAN and SHAYS changed their 
vote from ``no'' to ``aye.''
  So the amendment, as modified, was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIRMAN. The question is on the amendment in the nature 
of a substitute, as amended.
  The amendment in the nature of a substitute, as amended, was agreed 
to.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaTourette) having assumed the chair, Mr. Simpson, Acting Chairman of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
3199) to extend and modify authorities needed to combat terrorism, and 
for other purposes, pursuant to House Resolution 369, he reported the 
bill back to the House with an amendment adopted by the Committee of 
the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment in the 
nature of a substitute adopted by the Committee of the Whole? If not, 
the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


               Motion to Recommit Offered by Mr. Boucher

  Mr. BOUCHER. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. BOUCHER. I am, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Boucher moves to recommit the bill H.R. 3199 to the 
     Committee on the Judiciary with instructions to report the 
     same back to the House forthwith with the following 
     amendments:
       Amend section 3 to read as follows:

     SEC. 3. USA PATRIOT ACT SUNSET PROVISIONS.

       (a) Extension of Sunset.--Section 224 of the USA PATRIOT 
     Act is amended by striking ``December 31, 2005'' and 
     inserting ``December 31, 2009''.
       (b) Sunset of New Provisions.--
       (1) In general.--Sections 6, 7, 8, 9, and 10 of this Act 
     and the amendments made by such sections shall cease to have 
     effect on December 31, 2009.
       (2) Exception.--With respect to any particular foreign 
     intelligence investigation that began before the date on 
     which the provisions referred to in paragraph (1) cease to 
     have effect, or with respect to any particular offense or 
     potential offense that began or occurred before the date on 
     which such provisions cease to have effect, such provisions 
     shall continue in effect.

  Mr. BOUCHER (during the reading). Mr. Speaker, I ask unanimous 
consent that the motion to recommit be considered as read and printed 
in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Virginia (Mr. Boucher) is 
recognized for 5 minutes.
  Mr. BOUCHER. Mr. Speaker, I rise this evening to ask that the House 
retain its oversight authority by inserting 4-year sunsets into H.R. 
3199.
  In the past year, we have asked the Department of Justice how it is 
using the authority granted to it under the PATRIOT Act. Some of our 
questions simply went unanswered. Other questions were rebuffed, and we 
were told that the information was classified. And still others were 
avoided by telling us that the information simply was not available.
  However, all of that changed in April of this year when the Justice 
Department realized that a straight reauthorization of the PATRIOT Act 
would not happen without serious answers to our reasonable questions. 
Suddenly, numbers and examples were no longer unavailable. Suddenly, 
the information we had long been seeking was provided.
  I have no doubt that if 16 provisions of the law were not scheduled 
to sunset at the end of this year, we would still have little 
information about how these authorities have been used.
  Members of the majority have stressed today that the Committee on the 
Judiciary has held 12 PATRIOT Act hearings in recent months. That 
extensive inquiry would not have occurred had the sunsets in the law 
not been in place. For these reasons, we should reinstate the sunsets 
for an additional 4 years. All 16 of the sunsets that were contained in 
the original law would be reinserted through this motion to recommit. 
The FBI will still have all the powers that the bill gives it. It will 
simply have to come back 4 years from now and answer our legitimate 
questions about how those powers have been used.

                              {time}  2100

  Reinstating the sunsets is about accountability. Our colleagues 
across the aisle will say that no abuses have occurred by the powers 
granted to the government under the PATRIOT Act. That point I think is 
open to debate. I think most would agree that the breadth of many of 
these provisions creates, at a minimum, the potential for abuse and we, 
therefore, have an obligation to conduct rigorous oversight to ensure 
that civil liberties are protected. Inserting the sunset provisions 
into the law once again will be the way to ensure that we can conduct 
that vigorous oversight. I urge approval for this motion, which will 
simply assure that we remain in that strong position.
  Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from 
California (Mr. Rohrabacher).
  Mr. ROHRABACHER. Mr. Speaker, I rise in support of this motion. After 

9/11, the United States Congress gave our investigative agencies a wide 
variety of special powers to fight a war on terrorism, an expansion of 
powers that we would have never approved in peacetime. This included 
the right to break into homes of American citizens without court order, 
seize documents, copy computer files, and evidence without ever telling 
the owner. We gave our agencies, among those other things, the right to 
wiretap and intercept phone and computer communications without prior 
cause, and in general we lowered the requirement for lawful searches. I 
supported this dramatic expansion of Federal power because our country 
was at war.
  In times of emergency, it is responsible to increase the power of our 
government, yet we recognize that these powers should contain sunset 
provisions. The first PATRIOT Act had 16 of its sections sunsetted, so 
after the emergency was over the government would again return to a 
level consistent to a free society. Our Republic was founded on the 
idea that the powers of government should be limited. We should not be 
required to live in peacetime under the extraordinary laws that were 
passed during times of war and crisis. Emergency powers of 
investigation should not become the standard once the crisis has 
passed.
  I am seriously concerned about the use of emergency conditions to 
permanently alter our constitutional legal rights. Until now, the 
Members of this body have been denied the ability to vote their 
conscience on the issue of sunsets. Now, each of us will have that 
opportunity. It is not a Republican vote, it is not a Democrat vote. I 
support this war on terror and the war on radical Islam. I was here 
yesterday fighting for a very important provision that put me against 
my friends on the other side of the aisle. But today I am asking all of 
my friends, on both sides of the aisle, let us be patriots. Let us

[[Page 17002]]

stand up for those principles that our Founding Fathers talked about, 
and that is limiting the power of government.
  What we are doing here in this motion to recommit is establishing the 
sunsets so that 4 years from now, hopefully when we have beaten the 
terrorists, we can return to normal constitutional protections, and if 
not, we can reestablish another situation. But, please, let us keep 
faith with those people who founded our country on limited government 
and the protection of civil liberties. Vote ``yes'' on this provision.
  Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to the motion to 
recommit.
  Good oversight is done by congressional leadership, not by sunsets. 
There has been good oversight over the PATRIOT Act right from the 
beginning. The Committee on the Judiciary has spent a lot of time 
overseeing the Justice Department, with oversight letters, questions 
that the gentleman from Michigan (Mr. Conyers) and I have sent jointly 
to the Justice Department, Inspector General reports, and this is the 
result of it: Almost two feet of responses.
  And what have these responses said? First of all, there has been no 
provision, of the 16 sunsetted provisions, that have been found 
unconstitutional by any Federal court in the Nation. The Inspector 
General's report has found no civil liberties violations under the 
PATRIOT Act, and I think that the question we ought to ask ourselves 
today is whether we should weigh the potential for abuse of this law 
against the actual record of abuse. There is no actual record of abuse 
with all of the oversight that we have been doing.
  Now, we have had 12 hearings on the PATRIOT Act, the 16 sunsetted 
provisions. Thirteen of the 16 provisions are noncontroversial. There 
have not been witnesses that have appeared before the committee that 
have said that there are problems, and that includes the provision that 
tore down the wall after 9/11 that prevented the CIA and the FBI from 
exchanging intelligence information. This motion to recommit will bring 
that wall back up in 2009. I think we ought to look at the record. We 
ought to look at the actual record of abuse. There has been none.
  Only 5 percent of our legislation is sunsetted. Why sunset 
legislation where there has been no actual record of abuse and there 
has been vigorous oversight?
  Mr. Speaker, I yield to the gentleman from Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Speaker, I am probably the last person expected to 
speak on behalf of the committee or the leadership in general. I tend 
to be critical sometimes of committees and the leadership and the 
process here. But let me tell you, I have watched the process here in 
the Committee on the Judiciary over the past couple of years on this 
issue. I have watched us hold hearing after hearing, 12 just in the 
last several months, 2 in the last Congress, and I have watched us 
adopt amendment after amendment in committee. We held a 12-hour markup 
there, a serious markup. I am often critical of the way we do business 
here, but here I saw it work. We did exercise effective oversight.
  Mr. Speaker, nobody loves sunsets like this Arizonan. I was very 
supportive of the sunsets we had in the bill initially. I am very 
supportive of the sunset we have, the 10-year sunsets on the two 
controversial provisions. I think those ought to stand, and I hope they 
make it through the process. But I have learned on issues like this you 
do not get everything you want. I did not get every amendment I wanted. 
I got a few, and a few of the ones we did get were substantive.
  We have made amendments to section 215, to section 213. We have 
tightened up the requirements of national security letters. These are 
substantive amendments. They are good. Sometimes, as my hero in 
politics said once, in one book, Barry Goldwater said, ``Politics is 
nothing more than public business. Sometimes you make the best of a 
mixed bargain. You don't always get everything you want.''
  We got good substantive reform here and we have sunsets. They are a 
bit longer than I am comfortable with at times, but we have them here. 
I think we ought to make the best of what we have. It is a good 
product. I commend the chairman and the others.
  And I should say it is not just the Committee on the Judiciary that 
has gone through this process. The Permanent Select Committee on 
Intelligence has had hearings as well. They have had a markup process 
and have worked collaboratively, Democrats and Republicans.
  My own amendments, virtually every one of them, had Democrats on 
them. I have worked with them and we have worked together on this. I 
helped form the PATRIOT Act Reform Caucus over a year ago. We have 
worked to make sure these changes have been made. This is a good 
product. I urge a ``no'' vote on the motion to recommit and ``yes'' on 
the underlying bill.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. LaTourette). Without objection, the 
previous question is ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. BOUCHER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--yeas 209, 
nays 218, not voting 7, as follows:

                             [Roll No. 413]

                               YEAS--209

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ehlers
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hefley
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NAYS--218

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)

[[Page 17003]]


     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cox
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--7

     Brown (SC)
     Hastings (FL)
     Hinojosa
     Mack
     Pickering
     Taylor (MS)
     Thomas

                              {time}  2125

  Mr. BASS changed his vote from ``yea'' to ``nay.''
  Mr. SERRANO changed his vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. LaTourette). The question is on the 
passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SENSENBRENNER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 257, 
noes 171, not voting 6, as follows:

                             [Roll No. 414]

                               AYES--257

     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Barton (TX)
     Bass
     Bean
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Carnahan
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Edwards
     Ehlers
     Emanuel
     Emerson
     English (PA)
     Etheridge
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lungren, Daniel E.
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Melancon
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Spratt
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                               NOES--171

     Abercrombie
     Ackerman
     Allen
     Baird
     Baldwin
     Bartlett (MD)
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardoza
     Carson
     Clay
     Cleaver
     Conyers
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hinchey
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mack
     Maloney
     Manzullo
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Oberstar
     Obey
     Olver
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Price (GA)
     Price (NC)
     Rahall
     Rangel
     Rohrabacher
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--6

     Brown (SC)
     Hastings (FL)
     Hinojosa
     Pickering
     Taylor (MS)
     Thomas

                              {time}  2144

  Mrs. McCARTHY and Messrs. BISHOP of New York, ISRAEL, ROTHMAN, 
SNYDER, and MOORE of Kansas changed their vote from ``aye'' to ``no.''
  Mr. TAYLOR of North Carolina changed his vote from ``no'' to ``aye.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

[[Page 17004]]



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