[Congressional Record (Bound Edition), Volume 152 (2006), Part 8]
[House]
[Pages 10119-10125]
[From the U.S. Government Publishing Office, www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007

  The SPEAKER pro tempore. Pursuant to House Resolution 836 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 5441.

                              {time}  1831


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 5441) making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes, with Mr. Bonner (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, the amendment offered by the gentleman from Kentucky (Mr. 
Rogers) had been disposed of and the bill had been read through page 
62, line 17.


          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 on which further proceedings were 
postponed in the following order:
  Amendment by Mr. King of Iowa.
  Amendment by Mr. Kingston of Georgia.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment Offered by Mr. King of Iowa

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Iowa (Mr. 
King) 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 vote was taken by electronic device, and there were--ayes 218, 
noes 179, not voting 35, as follows:

                             [Roll No. 223]

                               AYES--218

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Boren
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Carter
     Case
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cramer
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Otter
     Oxley
     Paul
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Spratt
     Stearns
     Sullivan
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--179

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Cannon
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Castle
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ehlers
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Ford
     Fossella
     Frank (MA)
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kolbe
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Leach
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reynolds
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schiff
     Schwartz (PA)
     Scott (GA)
     Serrano
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Stark
     Stupak
     Sweeney
     Tanner
     Tauscher
     Thompson (CA)
     Tierney
     Towns
     Udall (CO)
     Van Hollen
     Velazquez
     Visclosky
     Walsh
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wu
     Wynn

                             NOT VOTING--35

     Baca
     Bono
     Campbell (CA)
     Davis (AL)
     Evans
     Filner
     Gallegly
     Gibbons
     Harman
     Istook
     Kennedy (MN)
     Lantos
     Lee
     Manzullo
     Marshall
     Miller (MI)
     Nussle
     Oberstar
     Osborne
     Payne
     Pearce
     Pence
     Platts
     Pombo
     Reyes
     Schakowsky
     Scott (VA)
     Sherman
     Strickland
     Thompson (MS)
     Udall (NM)
     Wasserman Schultz
     Waters
     Weldon (PA)
     Woolsey

                              {time}  1903

  Messrs. CLEAVER, ACKERMAN, CASTLE and FOSSELLA and Mrs. DAVIS of 
California changed their vote from ``aye'' to ``no.''
  Mr. FRELINGHUYSEN changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. FILNER. Mr. Chairman, on rollcall No. 223, the King of Iowa 
amendment to H.R. 5441, I was in my Congressional district on official 
business. Had I been present, I would have voted ``no.''


                   Amendment Offered by Mr. Kingston

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Kingston) 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.

[[Page 10120]]




                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 293, 
noes 107, not voting 32, as follows:

                             [Roll No. 224]

                               AYES--293

     Aderholt
     Akin
     Alexander
     Allen
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Capuano
     Cardoza
     Carnahan
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Cubin
     Culberson
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Etheridge
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hobson
     Hoekstra
     Holden
     Hooley
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Israel
     Issa
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Marchant
     Matheson
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Obey
     Otter
     Oxley
     Paul
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanders
     Saxton
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Turner
     Udall (CO)
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                               NOES--107

     Abercrombie
     Ackerman
     Andrews
     Baird
     Baldwin
     Becerra
     Berman
     Blumenauer
     Brady (PA)
     Butterfield
     Capps
     Cardin
     Carson
     Case
     Cleaver
     Clyburn
     Conyers
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Doggett
     Doyle
     Emanuel
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hastings (FL)
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kennedy (RI)
     Kilpatrick (MI)
     Kucinich
     Larsen (WA)
     Larson (CT)
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Maloney
     Markey
     Matsui
     McDermott
     McGovern
     Meehan
     Meek (FL)
     Millender-McDonald
     Miller, George
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Rangel
     Reichert
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Schiff
     Scott (VA)
     Serrano
     Slaughter
     Solis
     Stark
     Tauscher
     Thompson (CA)
     Towns
     Van Hollen
     Velazquez
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wynn

                             NOT VOTING--32

     Baca
     Bono
     Campbell (CA)
     Davis (AL)
     Evans
     Filner
     Gallegly
     Gibbons
     Harman
     Istook
     Kennedy (MN)
     Lantos
     Lee
     Manzullo
     Marshall
     Miller (MI)
     Nussle
     Oberstar
     Osborne
     Payne
     Pearce
     Pence
     Pombo
     Reyes
     Schakowsky
     Sherman
     Strickland
     Thompson (MS)
     Udall (NM)
     Wasserman Schultz
     Waters
     Woolsey


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there is 1 
minute remaining in this vote.

                              {time}  1909

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. FILNER. Mr. Chairman, on rollcall No. 224, the Kingston amendment 
to H.R. 5441, I was in my Congressional District on official business. 
Had I been present, I would have voted ``no.''
  Mr. OBEY. Mr. Chairman, I move to strike the last word and yield to 
the gentlewoman from New York so that the Members might understand what 
is going to be in the motion to recommit and what will come next.
  I yield to the gentlewoman.
  Mrs. LOWEY. Mr. Chairman, I will soon offer a motion to recommit. 
This motion seeks to increase first responder grants by $750 million. 
This amount will keep each State and locality funded at whichever is 
higher, fiscal year 2005 or fiscal year 2006. It is critically 
important that we increase the allocation for first responder grants.
  Mr. Chairman, it is hard to believe, but it is true, that DHS has 
announced that New York, which remains the likeliest target of a 
terrorist attack, will receive a $106 million reduction in funding for 
fiscal year 2007. Short memories. Such a cut is unconscionable.
  New York is the only city that has been attacked by terrorists twice. 
And the New York Police Department has prevented efforts to destroy the 
Brooklyn Bridge and other critical infrastructure.
  Reducing funding to New York and Washington, D.C., the two targets of 
the September 11 attack, is a slap in the face to every first responder 
who rushed to the emergency scene that morning and every individual 
living in those regions.
  In a letter sent to the New York congressional delegation last week, 
Secretary Chertoff stated that New York is at the top of the national 
risk ranking. Yet, inexplicably, New York's share of funding decreased.
  Now, the allocation method that DHS uses, frankly, defies common 
sense. The Statue of Liberty was not considered part of New York City 
because, technically, the Federal Government owns the property.
  DHS classified over 200,000 entities into four risk quadrants, with 
all items in each quadrant receiving equal value. This means that 
something that is clearly a target, such as the Capitol, the Empire 
State Building, and the Golden Gate Bridge is considered the same as 
whatever target was number 50,000 on the list. And Washington, D.C., as 
a whole, was placed in the lower risk quadrant because DHS claims it 
does not have significant critical infrastructure. And by the way, if 
you call DHS to get an explanation, they respond, it is classified; we 
can't tell you.
  Now, remember, DHS claims that Washington, D.C. does not have 
significant critical infrastructure.

                              {time}  1915

  The September 11 hijackers did not care about the total amount of 
critical infrastructure in a specific region. They sought to destroy 
symbolic targets full of thousands of Americans. Our preparedness 
effort should reflect this fact.
  Unless the motion to recommit is adopted, first responder funding 
will

[[Page 10121]]

once again be slashed. In the last 5 years, terrorists have murdered 
thousands in New York, Washington, Madrid and London. Within the past 2 
hours, the Canadian government has stated that the terrorists they 
arrested last week planned to storm Parliament and behead the prime 
minister.
  Now, my colleagues, this should sound an alarm that now is not the 
time to reduce funding to prevent, prepare and respond to attacks in 
areas that face the greatest risk. We must pay now to protect our 
country or we will pay later.
  Mr. OBEY. Mr. Chairman, let me simply explain that the Lowey motion 
to recommit will be with instructions to report it back forthwith to 
the House with an amendment adding an additional $750 million for State 
and local formula-based grants and high-threat, high-density urban area 
grants so that no State or urban area receives funding below which it 
received in 2005 or 2006, whichever is higher, and is offset by a 1.8 
percent reduction in the tax reduction resulting from the enactment of 
Public Laws 107-16, et cetera, for taxpayers with incomes in excess of 
$1 million for calendar year 2007.
  Mr. STARK. Mr. Chairman, if there was any doubt, FEMA's performance 
during Hurricane Katrina proved the Department of Homeland Security's 
incompetence. I had hoped that more than 3 years after its creation, 
the Department would use common sense. But as DHS continues to violate 
Americans' civil liberties, pursue policies that make us no more 
secure, and misallocate funds, I cannot vote to throw good money after 
bad.
  H.R. 5441 will allow the TSA to spend $6.4 billion strip-searching 
grandmothers and small children. Yet multiple audits have found that 
despite this and other invasive techniques, the Department is no more 
likely to detect a weapon than were security personnel prior to 
September 11, 2001. Under this bill, DHS will continue to screen only 5 
percent of port containers and virtually no air cargo. Wyoming will 
still get about $27.80 per capita in homeland security funding while 
California will receive only about $8.05. I shudder to think how FEMA 
will handle the next large earthquake in the Bay Area when they can't 
even handle a hurricane with a week's warning.
  I vote ``no'' to DHS's misplaced priorities and urge my colleagues to 
stop supporting a dysfunctional agency.
  Mr. UDALL of Colorado. Mr. Chairman, I rise in support of the FY 2007 
Homeland Security Appropriations bill. This isn't a perfect bill, but 
it provides much needed funds to make our country safer.
  Total funding in the bill is increased by nearly $2 billion from this 
year's levels, with some increases from FY06 in Customs and Border 
Protection, Immigration and Customs Enforcement, the Federal Emergency 
Management Agency, and the Transportation Security Administration.
  Still, I'm concerned about shortfalls in the bill. First, although 
the bill increases funding for Border Patrol salaries and expenses over 
FY06 levels, it only funds 1,200 new Border Patrol agents, 300 less 
than requested by the Administration and 800 less than the 2007 level 
called for in the Intelligence Reform bill. Similarly, although the 
bill increases funding for salaries and expenses for Immigration and 
Customs Enforcement, it only funds about 4,800 additional detention 
beds, almost 2,000 less than requested by the administration and 3,200 
less than the 2007 level called for in the Intelligence Reform bill.
  The bill also cuts firefighter and SAFER grants by 11 percent, cuts 
air cargo security by $30 million, and cuts urban area security grants 
from FY06 levels.
  I opposed the amendment offered by Mr. Campbell which would block any 
Homeland Security funding from going to State and local governments if 
their law enforcement is prohibited from reporting immigration 
information to the federal government.
  I believe that linking this provision to vital homeland security 
funds could have unintended consequences for our national security. 
Since 9/11, national security has become a national priority, and State 
and local governments play an essential role in assisting the 
Department of Homeland Security to improve the security in this 
country.
  Under current law passed in 1996, it is already illegal for law 
enforcement to restrict the reporting of immigration information to the 
federal government. I support this law, and believe it should be fully 
enforced. The efforts of state and local governments to enhance our 
security should not be undermined because the federal government has 
not properly enforced immigration law.
  We should be providing states with resources to improve security, not 
taking these resources away. By under-funding and allowing the 
weakening of security in some states and localities due to their lack 
of reporting illegal immigrants to immigration officials, the federal 
government would in effect be contributing to the weakening of our 
national security.
  Mr. Chairman, much remains to be done to improve our defenses against 
terrorism, hut this bill is an important step, and I will vote for it.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I rise to join my colleague 
from New York in expressing my extreme displeasure with the Department 
of Homeland Security's recent announcement regarding Urban Area 
Security Initiative grants.
  The outcome of DHS's process defies common sense. I am hard pressed 
to understand how the National Capital Region, one of the regions 
deemed most at risk in the United States, should incur such a drastic 
reduction in funding. The nation's capital bears a disproportionate 
burden in terms of homeland security costs and ensuring public safety 
needs. This region was one of two targets on September 11; it was the 
target of anthrax attacks and sniper shootings.
  To the best of my understanding, DHS's decision to reduce funding for 
the national capital area was based on the opinion that region's 
planning was inadequate. As of this date, I have not been briefed in 
detail on the process or criteria used to make this determination. This 
will be rectified when the Government Reform Committee holds a hearing 
on the subject on June 15th. For the time being, the entire evolution 
suggests unnecessary secrecy and an overemphasis on bureaucratic 
expertise.
  The risk doesn't go away if a region is planning poorly; rather, the 
risk to the citizen increases. I truly hope DHS would take the 
necessary steps to remediate an inadequate plan for UASI funds--to 
offer a region the help it apparently needs. Cutting funding should not 
be the method to address any alleged planning deficiencies.
  We have to protect the interests of the taxpayer, but we also have to 
protect the taxpayer. Much was made about the Department of Homeland 
Security's renewed emphasis on sending funds where the need was 
greatest. We're not getting off to a good start.
  Mr. CROWLEY. Mr. Chairman, I rise to support passage of this bill.
  While I am upset that the Democratic Motion offered by my colleague 
Nita Lowey, which would have increased the first responder grants for 
urban areas by $750 million, was defeated on a party line basis, she 
raises important issues that must be addressed.
  Where have foreign terrorists struck when they attack our country?
  They attack major urban areas, as they look to create spectacular 
havoc while maximizing the killing of civilians--that is the calling 
card of Osama bin Laden. Remember him? Sometimes we forget him in the 
discussion of tax cuts and gay marriage and all the other issues--but 
he is still out there and still threatening our country, and especially 
New York and Washington, almost everyday.
  Al-Qaeda is not human--but we need to be ready for other attacks. 
That means proactive preparedness, as well as improving our reactive 
response as well.
  Proactively, we need to better protect our urban areas--the terrorist 
targeted areas--like New York.
  New York was the target in 1993 when terrorists bombed the World 
Trade Center, and again on September 11, 2001, when they completed the 
job they started 8 years earlier. New York City is the most targeted 
city in the country and likely on Earth by terrorists.
  This is a reality Congress and the White House need to face. And if 
we are serious about protecting America--all Americans--regardless of 
their voting patterns, then we must go about protecting these most 
targeted and most vulnerable areas.
  And I don't just say New York City is targeted to get my hometown 
more money. We know we are targeted due to information our U.S. 
intelligence services provide to us.
  Being on al-Qaeda's hit list is one of the few distinctions New York 
City has that I am not proud of, and not happy to talk about.
  But we must talk about it--because it is, again, reality.
  I salute the Appropriations Committee for working with me and 
agreeing to the amendment I offered with my colleague from New York, 
Vito Fossella, to increase the current urban area security initiative 
by $20 million--a $12.7 million increase over last year. But more 
funding is needed.
  But this issue of homeland security and ensuring the resources are 
there for our first responders--both for proactive and reactive 
preparedness--is more then an issue of funding

[[Page 10122]]

in total dollar amounts. It comes down to the flawed funding formulas 
developed by Congress and the Bush White House to distribute homeland 
security dollars.
  These flawed formulas were crystallized last week when President Bush 
announced a 40 percent cut in urban security aid to New York City, 
saying the funds weren't needed for us.
  Instead, these urban security dollars went to places like Louisville, 
Kentucky, while certainly at risk, cannot claim to have the critical 
infrastructure of New York City under the terrorist microscope.
  This is a reality too--a sad and pathetic reality that our homeland 
security dollars have become the latest pot of federal funding to be 
politicized by this White House instead of being used to protect 
Americans at greatest risk of terror attack.
  Other realities:
  Our country takes urban security funds created for places like New 
York and diverts them to Louisville;
  Our Nation provides more homeland security dollars per capita to 
Wyoming than to New York;
  And sadly, protecting our homeland security is more about politics 
than security.
  We haven't caught Osama bin Laden, the Taliban is returning to 
Afghanistan, and Congress is not providing the funds to our first 
responders to protect our targeted cities--our Nation's homeland 
security is a sad reflection of our great country.
  Mr. CULBERSON. Mr. Chairman, one of the most important features of 
America's homeland security will be our ability to preserve America's 
leadership in high technology and scientific research. It has been my 
singular privilege to know and learn from one of the greatest 
scientists in our Nation, Dr. Richard Smalley of Rice University, and 
to represent him in the United States Congress. Today I want to honor 
him and his family and his colleagues at Rice University by celebrating 
his birthday, and giving thanks to God for bringing Rick into our 
lives. America lost him last year to cancer, yet the extraordinary 
research he was pursuing into carbon nanotubes and ``buckyballs'' will 
undoubtedly one day help lead us to a cure for cancer. Rick Smalley 
helped me understand that nanotechnology will change our lives as 
profoundly in the 21st century as oil and electricity changed our lives 
in the 20th century, and he lit a fire in me to do everything in my 
power to harness the immense human, medical, technological and 
financial capital of the Texas Medical Center into identifying and 
curing human diseases and making America truly energy independent by 
creating the Alliance for NanoHealth. The Alliance is my single highest 
priority for funding with our limited tax dollars in my work on the 
Appropriations Committee, and I am immensely proud that I could launch 
the Alliance with Rick and his colleagues at Rice and at all of the 
great institutions of the Texas Medical Center. The Alliance is 
thriving, especially now that it has the final key ingredient it was 
lacking, a dynamic and brilliant scientist as president, Dr. Mauro 
Ferrari. All of the pieces are in place for the Alliance to lead the 
world in identifying and curing cancers at the very earliest stages 
before they even become visible tumors. All of the pieces are in place 
for the Alliance to help make America energy independent of the Middle 
East and the rest of the world by using the single wall carbon 
nanotubes Dr. Smalley discovered, and so many other aspects of 
nanotechnology research and manufacturing that he pioneered. Rick 
Smalley will always inspire me and fill me with energy and enthusiasm 
to help America achieve the great dreams he saw for our future by 
harnessing nanotechnology. My hero Thomas Jefferson liked to say that 
he liked the dreams of the future better than the memories of the past, 
which was the way Rick Smalley lived his life. I will always honor Dr. 
Smalley by doing my very best to make his dreams of the future come 
true--an America that is energy independent, no longer reliant on 
fossil fuels, and where no one need suffer or die from cancer.
  It is appropriate and fitting, Mr. Chairman, that I add to the 
Congressional Record a few of the tributes offered by his family and 
friends at his memorial service.

                  Richard E. Smalley: A Legacy of Hope

                        (By Deborah S. Smalley)

       I have meditated often upon the gifts that Rick has left 
     us. And though time will tell the full story, I believe our 
     greatest inheritance from this amazing man is hope for the 
     future. Rick may well be remembered as the father of 
     nanotechnology; he was certainly its rock star. He had every 
     outstanding honor and award a chemist could earn, and his 
     knowledge of science and the world extended far beyond his 
     field. Who knows what applications for the betterment of 
     humanity will come from his revolutionary research and 
     inventions? His status as a Nobel Laureate was fascinating 
     enough to keep me involved in a forty-five minute attempt to 
     shake his hand during a conference at Rice University. I had 
     no idea that as we met, my life would be changed forever.
       I had taught high school science for 17 years, and sadly 
     enough, my world view offered the students little good news 
     for the long term future of man on earth. The problems we 
     were facing as a growing population would almost certainly 
     become insurmountable by the time we reached 10 billion 
     people. I had come outside the classroom looking for answers. 
     Dr. Richard Smalley shook my hand, and began to fill my mind 
     with a vision of a clean world with abundant energy. He had a 
     plan, and it gave hope. He opened the door to a new world of 
     plenty and set the rod by which we must measure our efforts. 
     He showed that there was a way; thereby placing the burden 
     for action squarely on our shoulders. We can ignore it, but 
     cannot plead ignorance. The prophet had spoken.
       He told me that the means for gaining that future were just 
     out of reach, but doable. Who knows, perhaps this is the very 
     blessing we needed most. If he had done it for us, or if we 
     could shift the responsibility to someone else, then we would 
     miss the opportunity to demonstrate the magnificent qualities 
     deeply imbedded within us all; those beautiful giftings that 
     shine forth in times of great challenge.
       In order to bring forth the spirit that can pull us from 
     complacency and self-focus into the higher realm of courage, 
     honor, and altruism we need clear vision coupled with the 
     opportunity for action. Rick gave us all of that. By making 
     his solution inclusive, everyone became a player. None of us 
     can in good consciousness sit back assuming that someone more 
     talented, capable, or concerned will take care of it. There 
     is an enormous need to empower Americans so that we will take 
     charge of our circumstances and make a difference in this 
     world. Rick recognized energy as the one issue touching every 
     single one of us every day, and put out an alert for children 
     to ``be a scientist and save the world.'' I saw him give the 
     message to over seven hundred children, from sixth to twelfth 
     grades, at-risk to honors. They were so attentive, you could 
     hear a pin drop.
       A hopeless future instills in our youth a sense of urgency 
     to serve themselves; an attitude devastating to their 
     character and spirit. But when a great scientist, a trusted 
     son with a Nobel Prize says we can supply energy for 10 
     billion people, thereby making possible at least a reasonable 
     standard of living for all God's children, our faith is 
     stirred, and the impossible is slowly supplanted by the 
     possibilities. We need our children, all of them, to be 
     involved in the making of a whole new era. Science and 
     engineering does produce the technology that sets the stage 
     for building our world, and this vision of a world where we 
     can address shortages that lead to poverty, war, disease, and 
     ignorance through an abundance of clean energy, gives hope.
       When I finally got my turn to meet Dr. Richard Smalley, he 
     was clearly excited by my profession as a science teacher. I 
     still remember the intensity of his blue eyes as he told me 
     that our biggest problems were solvable, but that he needed 
     my students filled with a sense of mission and purpose to 
     create a new future, and then asked me if I thought they were 
     up for the challenge. In that moment, I fell irrevocably in 
     love--in love with the vision, in love with the passion, and 
     in love with the man who brought hope to our world, our 
     children and to me.
                                  ____


                 [From Science Magazine, Dec. 23, 2005]

                     Richard E. Smalley (1943-2005)

                 (By W. Wade Adams and Ray H. Baughman)

       Richard Errett Smalley, who died on 28 October 2005 after a 
     7-year fight with cancer, unselfishly used his stature and 
     wisdom to inspire a worldwide nanotechnology revolution. His 
     breakthroughs, his inexhaustible enthusiasm for exciting 
     young people about science, and his awakening the world to 
     possible nanotech solution to the energy crisis have left an 
     enduring legacy. In only 40 years of applying his powerful 
     intellect to science and technology, his work led to entirely 
     new types of materials and fields of study, revolutionary 
     apparatus for scientific investigations and 
     commercialization, and a deep understanding of behavior on 
     nano and molecular scales. Along the way he shared the 1996 
     Nobel Peace Prize in Chemistry for codiscovering the soccer-
     ball shaped C60 fullerene molecule.
       Born in Akron, Ohio, on 6 June 1943, Smalley's interest in 
     science began in his early teens as he and his mother 
     collected single-cell organisms from a local pond and studied 
     them with a microscope. He learned from his father how to 
     build and fix mechanical and electrical equipment and from 
     his mother mechanical drawing, so that he could be more 
     systematic in design work. Many decades later, Rick's passion 
     for creative design was still evident on his office walls--
     diagrams showing his most recent improvements on equipment 
     for producing carbon nanotubes. Although his contributions to 
     physics and engineering were landmarks, chemistry was his 
     first love. The detailed periodic table of the elements that 
     he drew on rafters in the attic where he studied as a 
     youngster marked his early fascination with chemistry.

[[Page 10123]]

       He pursued this love, from undergraduate studies at Hope 
     College and the University of Michigan to the Shell Chemical 
     Company, where he worked as a quality control chemist in a 
     polypropylene plant. Rick said, ``These were fascinating 
     days, involving huge volumes of material, serious real-world 
     problems, with large financial consequences.'' He learned 
     about industrial-scale processes and the importance of 
     efficient catalysts, which were useful much later when he 
     initiated scale-up of carbon nanotube synthesis. After 4 
     years, he resumed academic studies and earned his Ph.D. in 
     1973 from Princeton University, focusing on the chemical 
     physics of condensed phase and molecular systems with thesis 
     advisor Elliott Bernstein.
       During postdoctoral study with Donald Levy and Lennard 
     Wharton of the University of Chicago, and later with Daniel 
     Auerbach, Rick helped develop a powerful technique: 
     supersonic beam laser spectroscopy. As a result, chemical 
     physicists can now drastically simplify spectroscopy of 
     complex molecules. Using the coldest part of expanding gas, 
     researchers could achieve temperatures below 1 K, thereby 
     freezing the rotations of moderate-sized molecules and 
     complexes. After joining the faculty of Rice University in 
     1976, Smalley worked together with Robert Curl to produce a 
     sequence of pioneering advances applicable for making and 
     characterizing very cold supersonic beams of large molecules, 
     radicals, and atomic clusters having precisely known numbers 
     of atoms.
       In August 1985, Smalley and Curl were joined by Harold 
     Kroto from the University of Sussex for a short summer 
     project to study interesting carbon cluster distributions 
     found by Andrew Kaldor at Exxon using an apparatus 
     constructed by Smalley's group. After a legendary late night 
     of taping together cardboard cutouts of hexagons and 
     pentagons on his kitchen table, using Kroto's insights into 
     the importance of five-carbon rings, Smalley presented the 
     carbon ``soccer ball'' as the only sensible way that 60 
     carbon atoms could be assembled to produce the observed 
     spectra. A new field of scientific investigation was thus 
     born, and then fueled by a seemingly continuous barrage of 
     exciting new results from both Rick's laboratory and others 
     across the world, which showed the diversity of carbon cage 
     types, how their production could be scaled up, the diverse 
     ways they can be modified, and their novel physical and 
     chemical properties.
       In 1993, Rick redirected much of his group's work to carbon 
     nanotubes, which can be viewed as theh cylindrical version of 
     carbon cage molecules, and Rick and his co-workers became 
     leaders in the field. His experimental skills were again 
     critical as his team developed the laser ablation and the 
     high-pressure carbon monoxide processes for making single-
     walled carbon nanotubes. Rapid worldwide scientific progress 
     was assisted by Rick's providing access to these high-quality 
     nanotubes, first through a non-profit effort at Rice 
     University, and then through the successful company he 
     founded in 1999, Carbon Nanotechnologies, Inc.
       Many call Rick the grandfather of nanotechnology. He was 
     the most cited author in nanotechnology in the last decade, 
     and his pivotal scientific and technological breakthroughs 
     have inspired worldwide commercialization efforts. Because of 
     Rick's key role in creating the National Nanotech-
     nology Initiative, he was the only academic invited to the 
     November 2003 Oval Office signing ceremony. His vision of 
     using nanotechnology to help solve the energy crisis and to 
     improve health through nanomedicine is motivating governments 
     to fund effective programs. Many will dedicate themselves to 
     a goal that Rick focused upon during his last 4 years of 
     life: a carbon nanotube quantum wire cable much stronger than 
     steel that would carry a current 10 times as high as that 
     carried by copper wire and weigh one-sixth as much.
       With his passing, the world lost a great intellect in 
     chemistry, physics, and engineering, but we also lost a great 
     advocate for science and technology and a great educator and 
     mentor. Robert Curl said that ``Rick was a visionary, and his 
     charisma and logic made those he worked with buy into the 
     vision. Rick convinced us that we could be better, stronger, 
     and take more chances if we just tried. I hope that we don't 
     forget--then his legacy . . . will make a lasting 
     transformative difference.'' In his humble way, Rick simply 
     said that science and life go on.
                                  ____


           Richard Smalley Memorial Remarks by Malcolm Gillis

       My first encounter with Rick Smalley came in 1993, when he 
     served on the President's Search Committee. Rick peppered me 
     with some really tough questions about the Free Electron 
     Laser, which I helped bring to Duke. From his comments, I 
     realized then and there that he was far more than an 
     outstanding chemist; rather his interests ranged deep and 
     wide into physics, mathematics and engineering. In the years 
     to come, I came to regard Rick as one of the world's paragons 
     of interdisciplinary understanding and insight. Rick's 
     scientific interests and questioning nature could never be 
     confined to any kind of disciplinary boundary.
       The full implications of the legacy left by Rick's work 
     will not be known for several decades. What we do know is 
     that in 2006, one does not open a copy of Science or Nature 
     or Journal of Applied Physics or Surface Science or 
     engineering journals or medical journals without finding at 
     least one article or review on nanoscience or nanotechnology. 
     No one can lay a better claim for responsibility for this 
     phenomenon than Rick Smalley and his collaborators here at 
     Rice and across the earth.
       And while Rick was pleased and even proud of the 
     snowballing applications of nanotechnology, he was always 
     careful to turn the spotlight on the work of other pioneers 
     in nanoscience and nanotechnology. It comes as no news to 
     anyone that Rick had a droll sense of humor lurking just 
     beneath his deep intellect. An example: The word ``nano'' has 
     its root in the ancient Greek word for dwarf. But Rick once 
     cracked that for many PIs all over the globe, the root for 
     nano came from a newer verb: ``to seek research grants.''
       Honors of all stripes came to Rick during his all-too-short 
     lifetime. However, he cared little for honors and very 
     greatly about nanotechnology's potential for resolving 
     pressing human problems in food supplies, energy 
     accessibilities, medical diagnosis and medical treatment. I 
     observed in the final year of his life, his primary 
     inspiration for his dogged, determined battle against disease 
     had first to do with his family and second his desire to 
     witness the fruition of a few more of the social benefits he 
     expected from innovative use of buckyballs, nanotubes and 
     other particles.
       We will all remember Rick for many, many things. We will 
     remember that in Fall 1996, when he and Bob Curl shared the 
     Nobel Prize with Kroto, both were teaching undergraduate 
     chemistry. I will remember him for his boundless energy, dry 
     wit and tolerance of the quirks of others.
       We admired him not only for his intellect but also for his 
     humanity. Speaking for myself, I have yet to adjust to the 
     absence of his presence. On several occasions since October, 
     I have reached for the phone to call Rick to ask him to help 
     me understand such things as the quantum hall effect or 
     quantum dots, only to realize that neither landlines nor cell 
     phones could reach that far.
       Ehamos de menos muchisimo, el Doctor Smalley. We miss you 
     greatly Dr. Smalley.

  The Acting CHAIRMAN. The Clerk will read the last two lines.
  The Clerk read as follows:

       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2007''.

  Mr. ROGERS of Kentucky. Mr. Chairman, I move that the Committee do 
now rise and report the bill back to the House with sundry amendments, 
with the recommendation that the amendments be agreed to and that the 
bill, as amended, do pass.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mrs. 
Biggert) having assumed the chair, Mr. Bonner, 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. 5441) 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes, had 
directed him to report the bill back to the House with sundry 
amendments, with the recommendation that the amendments be agreed to 
and that the bill, as amended, do pass.
  The SPEAKER pro tempore. Pursuant to House Resolution 836, the 
previous question is ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gross.
  The amendments were 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 Mrs. Lowey

  Mrs. LOWEY. Madam Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Mrs. LOWEY. In its present form, I am, Madam Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mrs. Lowey moves to recommit the bill, H.R. 5441, to the 
     Committee on Appropriations with instructions to report the 
     same forthwith back to the House with an amendment providing 
     for an additional $750 million for state and local formula 
     based grants and high-threat, high-density urban area grants 
     so that no state or urban area receive funding below what it 
     received in 2005 or 2006, whichever is higher, and offset by 
     a 1.8 percent reduction in the tax reduction resulting

[[Page 10124]]

     from the enactment of Public Laws 107-16, 108-27, and 108-311 
     for taxpayers with income in excess of $1,000,000 for 
     calendar year 2007.


                             Point of Order

  Mr. ROGERS of Kentucky. Madam Speaker, I make a point of order 
against the motion to recommit because it violates clause 2(c) of rule 
XXI.
  I ask for a ruling of the Chair.
  The SPEAKER pro tempore. Does any Member wish to be heard on the 
point of order?
  Mrs. LOWEY. Madam Speaker, I wish to speak on the point of order.
  Madam Speaker, I wish to speak on the point of order because, 
frankly, it is beyond belief to me that this committee could 
appropriate less to major cities like New York and Washington than they 
received last year. Given the current threats that are still out there 
loud and clear, we should not be cutting back on these important 
critical homeland security dollars.
  The SPEAKER pro tempore. Does any other Member wish to speak on the 
point of order?
  Mr. WEINER. Madam Speaker, I wish to be heard on the point of order.
  Madam Speaker, a fundamental element of the rules of the House is 
that Members get an opportunity to debate and have their views heard on 
issues. We have lost the opportunity to have an amendment such as this 
because of a unanimous consent that was entered into before these 
events happened. We, in good faith, entered into a unanimous consent 
agreement on limiting the number of amendments we offered to this bill. 
Then in the intervening period, news happened. The Department of 
Homeland Security issued a formula and issued a distribution of funds 
that gave less money to places that were at the highest need.
  What happened was we entered into a unanimous consent agreement to 
limit the number of amendments that were offered.
  Mr. ROGERS of Kentucky. Madam Speaker, regular order. The gentleman 
needs to speak to the point of order.
  The SPEAKER pro tempore. Is the gentleman from New York intending to 
address the point of order?
  Mr. WEINER. I certainly am, and, if I were permitted to finish, you 
would see that.
  The SPEAKER pro tempore. The gentleman will confine his remarks to 
the point of order.
  Mr. WEINER. Certainly. That is what I am doing, Madam Speaker.
  What happened was during the intervening period, after the unanimous 
consent was entered into, this formula was issued giving Members no 
opportunity other than this motion in order to make this point, that in 
order to have funds allocated where they are needed most, the Lowey 
motion is the only way to do it.
  If you vote yes on tabling this motion, you are voting to essentially 
sustain this allocation.
  The SPEAKER pro tempore. The gentleman will suspend. The gentleman 
must confine his remarks to the point of order.
  Mr. WEINER. Madam Speaker, I am seeking to do that.
  The SPEAKER pro tempore. The point of order is that the motion to 
recommit legislates. The gentleman will confine his remarks to that.
  Mr. WEINER. Madam Speaker, I understand.
  The motion to recommit that we are voting on today that we are 
seeking to have an up or down vote on, I would say, would give us an 
opportunity to hear this.
  You don't need to raise the point of order. If you want to simply go 
vote to sustain this ridiculous formula, vote on the Lowey amendment in 
an act of good faith that we showed by entering into the unanimous 
consent. That is why the point of order should be withdrawn.
  The SPEAKER pro tempore. Does any other Member wish to be heard on 
the point of order? If not, the Chair is prepared to rule.
  The motion to recommit proposes an amendment prescribing a new rule 
of law regarding the Federal income tax. As such, it constitutes 
legislation in violation of clause 2(c) of rule XXI.
  The point of order is sustained. The motion to recommit is not in 
order.
  Mrs. LOWEY. Madam Speaker, because this ruling defies the imagination 
of anybody living here in the United States of America, because of this 
ruling and the decision of this committee to cut back on homeland 
security funds and refuse to adjust them according to risk-threat 
vulnerability, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


           Motion to Table Offered by Mr. Rogers of Kentucky

  Mr. ROGERS of Kentucky. Madam Speaker, I move to lay the appeal on 
the table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mrs. LOWEY. Madam Speaker, I demand a recorded vote.
  A recorded vote was 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--ayes 207, 
noes 191, answered ``present'' 2, not voting 33, as follows:

                             [Roll No. 225]

                               AYES--207

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Keller
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Otter
     Oxley
     Paul
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--191

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldwin
     Barrow
     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 (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr

[[Page 10125]]


     Fattah
     Ford
     Fossella
     Frank (MA)
     Gerlach
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (NY)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Tierney
     Towns
     Udall (CO)
     Van Hollen
     Velazquez
     Visclosky
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wu
     Wynn

                        ANSWERED ``PRESENT''--2

     Davis, Tom
     Wolf
       

                             NOT VOTING--33

     Baca
     Bono
     Campbell (CA)
     Davis (AL)
     Evans
     Filner
     Gallegly
     Gibbons
     Gutierrez
     Harman
     Istook
     Kennedy (MN)
     Lantos
     Lee
     Manzullo
     Marshall
     Miller (MI)
     Nussle
     Oberstar
     Osborne
     Payne
     Pearce
     Pence
     Pombo
     Reyes
     Schakowsky
     Sherman
     Strickland
     Thompson (MS)
     Udall (NM)
     Wasserman Schultz
     Waters
     Woolsey


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised that 
there are 2 minutes remaining in this vote.

                              {time}  1942

  Mr. SMITH of Washington changed his vote from ``aye'' to ``no.''
  Mr. ADERHOLT and Mr. FEENEY changed their vote from ``no'' to 
``aye.''
  So the motion to lay on the table the appeal of the ruling of the 
Chair was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. FILNER. Madam Speaker, on rollcall No. 225, table the Motion to 
Recommit H.R. 5441, I was in my Congressional District on official 
business. Had I been present, I would have voted ``no.''

                          ____________________