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[Congressional Record: May 18, 2000 (House)]
[Page H3318-H3321]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr18my00-52]                         

               Amendment No. 20 Offered by Mr. Traficant

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on Amendment No. 20 offered by the gentleman from Ohio 
(Mr. Traficant) on which further proceedings were postponed and on 
which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 20 offered by Mr. Traficant:
       At the end of subtitle C of title X (page 324, after line 
     11), insert the following new section:

     SEC. ----. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND 
                   NATURALIZATION SERVICE AND CUSTOMS SERVICE.

       (a) Assignment Authority of Secretary of Defense.--chapter 
     18 of title 10, United States Code, is amended by inserting 
     after section 374 the following new section:

     ``Sec. 374a. Assignment of members to assist border patrol 
       and control

       ``(a) Assignment Authorized.--Upon submission of a request 
     consistent with subsection (b), the Secretary of Defense may 
     assign members of the Army, Navy, Air Force, and Marine Corps 
     to assist--
       ``(1) the Immigration and Naturalization Service in 
     preventing the entry of terrorists and drug traffickers into 
     the United States; and
       ``(2) the United States Customs Service in the inspection 
     of cargo, vehicles, and aircraft at points of entry into the 
     United States to prevent the entry of weapons of mass 
     destruction, components of weapons of mass destruction, 
     prohibited narcotics or drugs, or other terrorist or drug 
     trafficking items.
       ``(b) Request for Assignment.--The assignment of members 
     under subsection (a) may occur only if--
       ``(1) the assignment is at the request of the Attorney 
     General, in the case of an assignment to the Immigration and 
     Naturalization Service, or the Secretary of the Treasury, in 
     the case of an assignment to the United States Customs 
     Service; and
       ``(2) the request of the Attorney General or the Secretary 
     of the Treasury (as the case may be) is accompanied by a 
     certification by the President that the assignment of members 
     pursuant to the request is necessary to respond to a threat 
     to national security posed by the entry into the United 
     States of terrorists or drug traffickers.
       ``(c) Training Program Required.--The Attorney General or 
     the Secretary of the Treasury (as the case may be), together 
     with the Secretary of Defense, shall establish a training 
     program to ensure that members receive general instruction 
     regarding issues affecting law enforcement in the border 
     areas in which the members may perform duties under an 
     assignment under subsection (a). A member may not be deployed 
     at a border location pursuant to an assignment under 
     subsection (a) until the member has successfully completed 
     the training program.
       ``(d) Conditions on Use.--(1) Whenever a member who is 
     assigned under subsection (a) to assist the Immigration and 
     Naturalization Service or the United States Customs Service 
     is performing duties at a border location pursuant to the 
     assignment, a civilian law enforcement officer from the 
     agency concerned shall accompany the member.
       ``(2) Nothing in this section shall be construed to--
       ``(A) authorize a member assigned under subsection (a) to 
     conduct a search, seizure, or other similar law enforcement 
     activity or to make an arrest; and
       ``(B) supersede section 1385 of title 18 (popularly known 
     as the `Posse Comitatus Act').
       ``(e) Notification Requirements.--The Attorney General or 
     the Secretary of the Treasury (as the case may be) shall 
     notify the Governor of the State in which members are to be 
     deployed pursuant to an assignment under subsection (a), and 
     local governments in the deployment area, of the deployment 
     of the members to assist the Immigration and Naturalization 
     Service or the United States Customs Service (as the case may 
     be) and the types of tasks to be performed by the members.
       ``(f) Reimbursement Requirement.--Section 377 of this title 
     shall apply in the case of members assigned under subsection 
     (a).
       ``(g) Termination of Authority.--No assignment may be made 
     or continued under subsection (a) after September 30, 
     2002.''.
       (b) Commencement of Training Program.--The training program 
     required by subsection (b) of section 374a of title 10, 
     United States Code, shall be established as soon as 
     practicable after the date of the enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 374 the following new item:

``374a. Assignment of members to assist border patrol and control.''.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 243, 
noes 183, not voting 8, as follows:

                             [Roll No. 197]

                               AYES--243

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Bass
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blunt
     Boehlert
     Bono
     Boswell
     Boucher
     Boyd
     Brady (TX)
     Bryant
     Burton
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Costello
     Cramer
     Crane
     Cunningham
     Davis (VA)
     Deal
     DeFazio
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Doyle
     Duncan
     Dunn
     Emerson
     Engel
     English
     Etheridge
     Everett
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Gallegly
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (WA)
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hilliard
     Hobson
     Holden
     Horn
     Hostettler
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Istook
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kaptur
     Kasich
     Kelly
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston

[[Page H3320]]


     Klink
     Knollenberg
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Levin
     Lewis (CA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Manzullo
     Martinez
     Mascara
     McCarthy (NY)
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McNulty
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moakley
     Moran (KS)
     Moran (VA)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oxley
     Packard
     Pallone
     Pascrell
     Pease
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Reynolds
     Riley
     Rivers
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Spence
     Stabenow
     Stearns
     Strickland
     Sununu
     Sweeney
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Thomas
     Thune
     Thurman
     Tiahrt
     Traficant
     Upton
     Walden
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NOES--183

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barrett (WI)
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Blagojevich
     Blumenauer
     Boehner
     Bonilla
     Bonior
     Borski
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Burr
     Capps
     Capuano
     Cardin
     Carson
     Chenoweth-Hage
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cox
     Coyne
     Crowley
     Cubin
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Dreier
     Edwards
     Ehlers
     Ehrlich
     Eshoo
     Evans
     Ewing
     Farr
     Fattah
     Filner
     Frank (MA)
     Frost
     Ganske
     Gejdenson
     Gonzalez
     Green (TX)
     Gutierrez
     Hastings (FL)
     Hayes
     Hayworth
     Hill (IN)
     Hinchey
     Hinojosa
     Hoeffel
     Hoekstra
     Holt
     Hooley
     Houghton
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kennedy
     Kleczka
     Kolbe
     Lampson
     Lantos
     Larson
     Lee
     Lewis (GA)
     Linder
     Lofgren
     Maloney (NY)
     Markey
     Matsui
     McCarthy (MO)
     McDermott
     McGovern
     McKinney
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Mollohan
     Moore
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Pastor
     Paul
     Payne
     Pelosi
     Pickett
     Pomeroy
     Rangel
     Reyes
     Rodriguez
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Schakowsky
     Scott
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (MI)
     Snyder
     Spratt
     Stark
     Stenholm
     Stump
     Taylor (MS)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Toomey
     Towns
     Turner
     Udall (CO)
     Velazquez
     Vento
     Visclosky
     Vitter
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weygand
     Whitfield
     Wise
     Woolsey
     Wu
     Wynn

                             NOT VOTING--8

     Barton
     Buyer
     Campbell
     Doolittle
     Leach
     Salmon
     Stupak
     Udall (NM)

                              {time}  1132

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BARTON of Texas. Mr. Chairman, on rollcall No. 197 I was unable 
to vote. Had I been present, I would have voted ``aye.''


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