[Congressional Record Volume 151, Number 65 (Tuesday, May 17, 2005)]
[House]
[Pages H3346-H3383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2006
The SPEAKER pro tempore. Pursuant to House Resolution 278 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 2360.
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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 consideration of the bill
(H.R. 2360) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2006, and for other
purposes, with Mr. Gillmor in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Kentucky (Mr. Rogers) and the
gentleman from Minnesota (Mr. Sabo) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky (Mr. Rogers).
Mr. ROGERS of Kentucky. Mr. Chairman, I yield myself such time as I
may consume.
I am pleased to be here today to present the fiscal 2006 Homeland
Security Appropriations bill.
The first chapter for the Department of Homeland Security has been
written. Progress has been made, and our country is safer today than it
was before September 11. In 2 years the Department has developed and
deployed new technologies to inspect cargo at our seaports and detect
hazards in our environment. US-VISIT has been put in place at all
international airports and seaports; a one-stop shop for first
responders has been created; more than 90,000 national assets have been
catalogued in a national infrastructure database; and a communications
system with State and local governments is in place.
These are important accomplishments, but they are not enough. There
is a great deal of work to be done, and it is time to write the next
chapter.
The bill before us today provides $30.8 billion in discretionary
funds for the upcoming fiscal year, $1.4 billion above the current year
and $1.3 billion above the amounts requested by the President. There
are some tough choices in here, but they have been made after a careful
review of how the Department is functioning, which programs work, and
which ones, quite frankly, are broken.
Nearly 2 years ago, when the Department was first created and came
before the Committee on Appropriations seeking funds, I made it clear
that homeland security requires the active engagement of all Americans
and all branches of government; that we are all stakeholders and must
be treated as such. I also advised that the Committee on Appropriations
would be a partner as the Department sought to secure our homeland,
that we would not be casual bystanders willing to sign a blank check. I
have consistently
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and repeatedly told the Department that we would require accountability
and cooperation, that we would expect them to establish and meet
specific milestones, that we would watch and measure their progress. We
have done that, exactly that. And, frankly, Mr. Chairman, I am
disappointed.
I have come to the conclusion that there are two fundamental
challenges within this Department. First, DHS has been slow to build
its internal capabilities. The information technology infrastructure
has not been integrated. There is no system in place to develop,
certify, and transfer homeland security technologies. A financial
management system that tracks where the money goes does not exist, and
there is only a limited capacity to put first responder funds out on
the street based on standards and minimum levels of preparedness.
Second, the Department has not been successful at revising missions
and assets of legacy organizations in a way that reflects the post-9/11
homeland security environment. All too many examples come to mind: the
Coast Guard, Immigration and Customs Enforcement, Border Protection,
and Transportation Security. In too many cases it is just business as
usual. Missions and threats have changed, but the Department has not.
This is unacceptable. The ``business as usual'' mentality has to go.
The bill before us is anything but business as usual. The Department
has been a reluctant partner and has ignored requests for information
and direction to move expeditiously in the implementation of important
national policies and goals.
This became all too obvious this year when the Department ignored
Congressional requests for comprehensive information on the Coast
Guard's important Deepwater program. The Department will find that that
lack of information has cost them. Absent a revised baseline that
reflects post-9/11 mission requirements for the Coast Guard, Deepwater
is being funded at pre-9/11 levels, $500 million. That is $466 million
below the request. It is a simple equation, Mr. Chairman: No
information equals no money.
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Throughout this bill, we will see this equation applied. There are
more than $485 million in cuts because the Congress did not get the
information we needed to make informed decisions about programs and
operations. There is also more than $310 million in fenced funding,
until the Department performs certain actions, including implementation
of new air cargo screening methods and standards, an immigration and
border security enforcement strategy, and a plan to deploy explosive
detection technologies to our Nation's airports.
Within this bill, first responders are funded at the President's
requested level of $3.6 billion. I would like to point out that there
continues to be problems at the local, State, and Federal levels in
terms of getting money actually out to first responders. We have
recently learned, Mr. Chairman, that only 30 percent of the funds that
we have appropriated since 2002, have been spent. Including the 2005
grant money, there is $6.8 billion in the grant pipeline.
Mr. Chairman, that is unacceptable.
The bill does not propose any changes to the current formula as to
how those monies are dealt out, but it does recognize that legislation
which passed this Chamber last week is moving through the process. The
appropriations bill will allow 2006 funding to go out based on any
formula change that may be signed into law. The bill also presumes that
if new formulas do not go into effect, the Department would maintain
the minimum allocation for States of .75 percent. The balance of that
fund, though, would go out based on risk, threat, and need; not, as it
has in the past, based solely on population. That is a fundamental
change in the way first responder monies would go out.
The bill also includes a significant increase for border security and
immigration enforcement. A total of $1.2 billion is added for the
Customs and Border Patrol and the Immigration and Customs Enforcement
branches. That funding is on top of the $550 million that was provided
in the emergency supplemental just signed. Between that supplemental
and this bill, we will be providing the Department with the resources
to hire an additional 1,500 border patrol agents and 568 ICE officers
throughout the country. Funds are also available to add some 3,870
detention beds, which would be roughly a 20 percent increase over
current levels. Also, funds are available for new radiation portal
monitors and air assets.
These funds, though, Mr. Chairman, would come with strings attached.
Our immigration enforcement strategy needs an overhaul. Despite more
than tripling spending on border security and immigration enforcement
in the last 10 years, the number of illegal immigrants in the U.S. has
more than doubled, an unbelievable 11 million estimated illegal aliens
in the country; and that number is growing by a half a million a year,
by conservative estimates.
And of that total, there are more than 465,000 absconders, people who
have been caught, brought to court, released on their own recognizance
to report at a later date, which they fail to do. And of those, 80,000
of them have criminal records. Those numbers, Mr. Chairman, will only
get worse unless we act.
Immigration enforcement is one of the most critical components of
homeland security, yet the Department's current strategy has changed
little since the days of the old Immigration and Naturalization
Service. In order to inspire change, the bill includes language
requiring the Secretary to submit an immigration enforcement strategy
to reduce the number of undocumented aliens by 10 percent per year. The
bill withholds $20 million of the Secretary's office funds until we
receive that strategy.
Finally, for transportation security, the bill includes $6.4 billion,
partially offset by fees, which is an increase of $344 million above
the current year. The bill includes several provisions that address
years of frustration in dealing with the Transportation Security
Administration. For too long, TSA and others have ignored congressional
direction regarding general aviation at Reagan National Airport. A
legislative provision is included, after these 3 or 4 years of
discussions, requiring the Secretary to open Reagan National Airport to
general aviation within 90 days of enactment of this act.
The committee also has repeatedly asked for a plan as to how TSA
would be installing the explosive detection systems, the so-called x-
ray machines, at our airports. Again, TSA has ignored the Congress. In
addition to providing $495 million for the purchase and installation of
these x-ray machines, the committee fences $50 million of the
administrator's funds until an installation plan is provided to the
Congress.
Finally, the bill provides $100 million for cargo security in
passenger planes. TSA has ignored congressional directions to triple
the screening of air cargo on passenger aircraft. As a result, the
committee reduces the appropriation for TSA headquarters by $100,000
for each day that the tripling of air cargo is not implemented. The
bill also fences another $10 million until new cargo screening
standards and protocols are implemented.
These next few years, Mr. Chairman, will define the Department's
place in history. This bill may be tough, and I admit that it is, but I
hope it is a wakeup call. It is time to take strong action to ensure
that the Department's place in history and our safety will be one of
success and leadership in securing our homeland and not one of
government bureaucracy and failed opportunities. It is now time for
action.
I appreciate that the bill includes several tough provisions. I am
aware that the new Secretary is in the process of completing what he
calls a second-stage review of the Department's programs and
operations. I am pleased about that. While I have great respect and
confidence in the Department's new leadership, and we look forward to
receiving any recommendations the Secretary may have to move the
Department forward, we cannot ignore the fundamental problems that we
have been experiencing with this Department since its creation. I urge
my colleagues to support the measure.
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Mr. ROGERS of Kentucky, Mr. Chairman, I submit the following exchange
of letters for the Record.
House of Representatives,
Committee on Appropriations,
Washington, DC, May 17, 2005.
Hon. Bill Thomas,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Thomas. Thank you for your letter regarding
H.R. 2360, the Department of Homeland Security Appropriations
Act for fiscal year 2006. As you have noted, the bill is
scheduled for floor consideration on Tuesday, May 17, 2005. I
appreciate your agreement to expedite the passage of this
legislation although it contains a provision involving
overtime pay that falls within your Committee's jurisdiction.
I appreciate your decision to forgo further action on the
bill and acknowledge that it will not prejudice the Committee
on Ways and Means with respect to its jurisdictional
prerogatives on this or similar legislation.
Our committees have worked closely together on this
important initiative, and I am very pleased we are continuing
that cooperation. I appreciate your helping us to move this
legislation quickly to the floor. Finally, I will include in
the Congressional Record a copy of our exchange of letters on
this matter. Thank you for your assistance and cooperation.
We look forward to working with you in the future.
Best regards,
Harold Rogers,
Chairman.
____
Committee on Ways and Means,
U.S. House of Representatives,
Washington, DC, May 16, 2005.
Hon. Harold Rogers,
Chairman, Subcommittee on Homeland Security, Committee on
Appropriations,
Washington, DC.
Dear Chairman Rogers: I am writing concerning H.R. 2360,
the Department of Homeland Security Appropriations Act for
Fiscal Year 2006 which is scheduled for floor consideration
on Tuesday, May 17, 2005.
As you know, the Committee on Ways and Means has
jurisdiction over matters concerning customs and Title 19,
U.S.C. 267(c)(1). There is a provision within the bill which
involves overtime pay for U.S. Customs and Border Protection
employees and thus falls within the jurisdiction of the
Committee on Ways and Means.
However, in order to expedite this legislation for floor
consideration, the Committee will forgo action on this bill.
This is being done with the understanding that it does not in
any way prejudice the Committee with respect to exercising
its jurisdictional prerogatives on this or similar
legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 2360 and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration.
Best regards,
Bill Thomas,
Chairman.
Mr. Chairman, I reserve the balance of my time.
Mr. SABO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, first I would like to thank the gentleman from Kentucky
(Chairman Rogers) for his cooperation and good work in bringing this
bill to the House. This bill, in its current form, represents a
substantial improvement over the President's budget request.
My comments are related to the bill as it stands. I am not sure,
after all the points of order are made today, what will remain in the
bill; but as the bill stands, there are many good things in this bill,
including better funding for border enforcement and separate programs
for transit and port security grants. I appreciate that the chairman
worked with us to toughen up the bill on air cargo screening, chemical
plant security, and privacy safeguards.
The Department has a long way to go in these areas. However, this
bill pushes them to improve operations and better secure our Nation. I
would especially like to point out the air cargo screening provisions
in this bill. One of these provisions penalizes TSA for not complying
with last year's law which required a threefold air cargo screening
increase. Another provision mandates that TSA utilize their equipment
to screen air cargo during the downtime in checked baggage screening.
This should help raise the screened percentage of air cargo even
further. Last, the bill includes $30 million for three air cargo
screening pilot programs, two at passenger operations and one at an
all-cargo operation.
The report accompanying this bill directs the Secretary to ensure
that all DHS contracts with companies that collect personal
information, such as ChoicePoint, will require the companies to have
security procedures to properly notify individuals if their personal
information is lost or stolen. The personal data of hundreds of
thousands of people have been compromised in recent months. For 49
States, there is no requirement for companies to notify the affected
people. We should require notification government-wide, and this
provision takes an important step in the right direction.
The bill also demands that the Department get its act together to
develop proper standards and processes for designating the information
as ``security-sensitive.'' Today, TSA has no meaningful procedures to
designate ``security sensitive'' documents. This has led, I believe, to
TSA withholding information from the public that should be disclosed.
This bill directs the Department to limit the number of people who can
designate such information to establish internal controls to audit
these designations.
I do have reservations about some parts of this bill, especially the
funding levels for fire grants and the State homeland security formula
grants. We will have an amendment relating to fire grants later. I
happen to be in probably a small minority who thinks it is a mistake to
distribute a portion of the State formula grant based on risk and
vulnerability versus population.
Let us be clear. The urban initiative grant is distributed on a
discretionary basis. My observation over the last several years, when
trying to get information from the Department on how they made those
judgments, we rarely get good answers; at periods of time, no answers;
and at other times, very ineffective answers. I have no problem with
whatever the judgment of the Congress is in adjusting the minimum grant
that goes to particular States. However, I think when we assume that
this Department has the capacity to make risk judgments on allocating
funds to all 57 States and territories, I think we overestimate their
capacity to make such judgments.
They have made mistakes in the past, and I just do not think they
have developed the needed expertise to make the kinds of judgments we
are assuming they can. If they had that capacity, then I think we might
be headed in the right direction; but there is no evidence that they
have that capacity today.
In conclusion, however, I must say that I think we must measure this
homeland security bill by asking whether the bill helps close the gaps
that exist today. I think the bill does that. I think it makes
substantial improvements in how the Department would operate, and I am
proud to support the bill as it stands today.
Mr. Chairman, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Chairman, I reserve the balance of my
time.
Mr. SABO. Mr. Chairman, I yield such time as he may consume to the
distinguished ranking Democrat on the Committee on Appropriations, the
gentleman from Wisconsin (Mr. Obey).
{time} 1215
Mr. OBEY. Mr. Chairman, there are two problems that we face in
dealing with this bill. The first is that we have an agency which is
essentially incompetent and dysfunctional. We are trying to protect the
Nation's security by working through an agency which is gargantuan,
which is bureaucratic, to say the least, which is filled with inertia,
and filled with people working at cross purposes. Outside of that it
does a terrific job.
And the chairman and the ranking member of the subcommittee have
tried to do their dead level best to provide the kind of Congressional
oversight that is necessary if you are going to help bring this agency
out of its troubles and put that agency in a posture where it can be a
trusted repository of the responsibilities that we have given to it.
The second problem we have is that we still have not faced up to the
need. Even though the agency which we must go through in order to deal
with this problem is a mess, we still have not faced up to the fact
that we need more resources.
We still only inspect a tiny percentage of the container cargo which
comes into this country every day. We still inspect an infinitesimal
percentage of cargo on passenger airplanes. Mr. Sabo has focused on
that issue many times.
We, despite all of our posturing, and despite every Member of
Congress who
[[Page H3364]]
has gone on the Lou Dobbs Show and talked about the need to secure our
borders, we still are incredibly short in terms of the number of border
guards, in terms of the number of immigration inspectors. And then, in
addition to that, the Congress on the supplemental appropriation bill
added an entirely extraneous provision which set up this new
complicated, convoluted Rube Goldberg operation that every citizen is
going to have to go through in order to renew their driver's license.
And the cost of that program is indeterminate, but we are being told
by the Congressional Budget Office that it will cost at least $100
million, which will be laid onto State and local governments. We are
told by the National Council of State Legislative Leaders that it will
cost about $500 million, and we have laid that responsibility on State
and local governments.
So, Mr. Chairman, it seems to me that even with our doubts about the
agency there are certain functions that we ought to be providing more
money for unless we are determined to create yet another unfunded
mandate. The committee has not been able to provide additional money,
not because of any defect in the committee but for one simple reason:
This House has decided to make as a higher priority providing very
large tax cuts for the next 10 years, and a huge percentage of those
tax cuts have gone to the most blessed persons in this society. Let me
put it that way.
The reality is that if you make over a million dollars this year, you
could expect, on average, to get a $140,000 tax cut. We could plug all
of the holes I have just mentioned in our homeland security activities
if we simply limited that $140,000 average tax cut to $138,000.
And that is what the amendment would do that I intend to offer at a
later point in the proceedings. The Rules Committee did not make that
amendment in order, while they did make in order, or they did make it
possible for any single Member to walk onto this floor and wipe out 15
pages of this bill that provide needed resources for numerous security
activities.
So we are in the situation where the Rules Committee has precluded me
from offering an amendment which can be voted on by the entire body,
and yet the Rules Committee has said we are going to allow a single
Member from a committee that has never produced a bill that has gone
into law, we are going to allow them to walk in here and shred this
bill.
That makes no sense to me. So I just think the Rules Committee has
failed in its stewardship responsibility, and I think we are failing
our responsibilities to our constituents if we do not provide more
resources than this bill provides.
Having said that, I want to congratulate the gentleman from Kentucky
(Mr. Rogers) for doing the best job that he could under the
circumstances. I had intended to vote for this bill until they took it
and shredded it. Whether I will vote for it in the end will be
determined by just how irresponsible people are when they come to the
floor and knock out provisions of this bill just because their
committee did not happen to think of them.
Mr. ROGERS of Kentucky. Mr. Chairman, I yield such time as he may
consume to the very distinguished and very able chairman of our full
committee, the gentleman from California (Mr. Lewis).
Mr. LEWIS of California. Mr. Chairman, I very much appreciate my
chairman, the gentleman from Kentucky (Mr. Rogers), for yielding me
whatever time I might consume. I really rise because I want the House
to know that this bill is perhaps one of the most positive reflections
of what our Appropriations Committee can do at the subcommittee level
when we work in a very professional and highly nonpartisan manner to
address major problems that face our country.
The question of homeland security and the need for expanding
effectively our work in this arena is obvious. Both the gentleman from
Minnesota (Mr. Sabo) and the gentleman from Kentucky (Mr. Rogers) have
done a fabulous job of working together.
The staffs are not just outstanding, they have produced a product of
which we can all be proud. Indeed, as we go through the process today
it is conceivable this product may change because of untoward
circumstances. But I must say in the arena that involves homeland
security we do have a new authorizing committee that has been put
together. They have yet to produce their first product this year, but
they are working diligently to try to move in that direction.
It is our desire to help them be successful. And over time I am
certain that we will be able to help them be successful. If money has
anything to do with this process we hope to have a very positive
influence.
In turn, the bill as it is currently formed is being used effectively
for oversight. We all know that this department is something much
different than an elephant or a hippopotamus or a donkey combined. It
is the merging of some 22 agencies, an attempt to put together the
homeland security department.
As we attempt to massage the process to make sure this agency can
operate effectively, clearly the Appropriations Committee has a role to
play. In their attempt to provide effective oversight, before oversight
has been done by way of the authorizing committee, for they have not
had a chance to do that yet, it is very important that dollar pressure
get the attention of this organization.
Let me just mention one area in the area of the Coast Guard's work,
in the Deepwater arena. Preceding 9/11 they were on a plan for working
and developing their responsibilities in Deepwater efforts. Subsequent
to 9/11, the chairman has been pushing them to move in the direction of
remodeling their plan to reflect this new world that we are living in.
And the chairman has worked, by way of language in past bills, he has
worked by communication with the leadership of the new agency, he has
done everything he can to have them be responsive to a plan that is not
just a 5-year, but a 20-year plan that tells us where these sizeable
number of dollars are going to be spent to impact that piece of our
security.
And indeed the lack of response from the Coast Guard is astonishing
to me. I mean, indeed, you would think perhaps that this subcommittee
did not exist because they presume that money for them would be
automatic around this place.
Well, the Chairman has done a great job of trying to send a message
that says, we expect you to have a real world plan that reflects post-
9/11 realities. And that language is important to our ability to
provide oversight in the months that are just ahead.
I would hope that all of us working together would recognize that
sometimes you use the vehicle that is available to have oversight that
will impact an agency whose attention we absolutely must get. Otherwise
we could waste not just 6 months or a year, we could waste 2 or 3 years
while we are getting our act together.
Indeed, let me return to my original point; that is, this
subcommittee has done a fabulous job. If you will just read this bill
and look at the care that has been taken in every section, staffs on
both sides of the aisle indeed should be applauded for their effort at
causing both the gentleman from Minnesota (Mr. Sabo) and my colleague,
the gentleman from Kentucky (Mr. Rogers), for doing a fabulous job on
behalf of our Nation's security.
Mr. SABO. Mr. Chairman, I am pleased to yield 3 minutes to a
distinguished member of our subcommittee, the gentleman from New York
(Mr. Serrano).
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. Mr. Chairman, I thank the gentleman from Minnesota (Mr.
Sabo) for yielding me this time.
Mr. Chairman, first off I would like to compliment the gentleman from
Kentucky (Chairman Rogers) and the ranking member, the gentleman from
Minnesota (Mr. Sabo), for their hard work on this bill.
The bill's top line total is $1.3 billion, or 4 percent above the
President's request, and $1.7 billion, nearly 6 percent above this
year's enacted level. The bill achieves these numbers without conceding
to the President's request to increase the Federal security surcharge
on airline tickets by $3.
Mr. Chairman, I want to strongly state my support for the efforts of
the gentleman from Kentucky (Chairman Rogers) in this bill to ensure
accountability, which is long overdue. I understand that the top
management at DHS
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has had a very difficult management task on their plate from day 1,
pulling together all of these different agencies and making sure that
they play and work well together.
I believe, however, that these challenges are cause for more, not
less oversight on the part of the Congress. After September 11,
Congress voted to grant the Department of Homeland Security a broad
scope of authorities. This means that if managed properly, the
Department is uniquely positioned to protect us from terrorism.
On the other hand, if managed improperly, it is also uniquely
positioned to do great harm. For instance, since the PATRIOT Act and
the Homeland Security Act, I, along with many others in this body, have
spoken out constantly on the need for our antiterrorist agencies to
safeguard our constitutional rights and civil liberties.
Mr Chairman, I believe that if in the process of getting the bad guys
we step and throw away the Constitution, eventually it is the
terrorists who would have won the battle. Congress is the most
essential body for protecting Americans from these types of excesses
and missteps by the Department.
Furthermore, the American people have also charged us with ensuring
that every dollar that the government spends, especially on something
like homeland security, is spent in a way that yields the most benefit.
The most significant way that we in Congress carry out this vital task
is by controlling the way the money is spent, and that is what the
gentleman from Kentucky (Chairman Rogers) has spoken to for so many
times with the support of the gentleman from Minnesota (Mr. Sabo).
We cannot just open up this new part of our funding, if you will, in
this Congress and dole out all of these dollars without having some
accountability. The gentleman from Minnesota (Mr. Sabo) and especially
the gentleman from Kentucky (Chairman Rogers) well understand that this
is not our personal money, this is the taxpayers' dollars, and the
taxpayers complain a lot about how we spend the money. This time we
have a new department, new agency, new spending sources, new funding
levels, and we can from day 1 try to pull the strings in and have some
control.
So I would hope that today, during this debate, those who may be
officially or personally offended about how some things happen around
here understand that there is a greater task; that is, the protection
of the people and the protection of the taxpayer.
First off, I would like to commend Chairman Rogers and Ranking Member
Sabo for their hard work on this bill.
The bill's top line total is $1.3 billion (4 percent) above the
president's request and $1.7 billion (nearly 6 percent) above this
year's enacted level.
The bill achieves these numbers without conceding to the President's
request to increase the federal security surcharge on airline tickets
by $3.
I am strongly supportive of Chairman Rogers' efforts in this bill to
ensure accountability at DHS, which is long overdue.
I understand that the top management of DHS has had a difficult
management task on their plate from day one: pulling together all these
agencies and making sure that they play well together.
I believe, however, that these challenges are cause for more--not
less--oversight on the part of this Congress.
After Sept. 11, Congress voted to grant the Department of Homeland
Security a broad scope of authorities. This means that, if managed
properly, the Department is uniquely positioned to protect us from
terrorism. On the other hand, if managed improperly, it is also
uniquely positioned to do great harm.
For instance, since the Patriot Act and the Homeland Security Act, I,
along with many others in this body, have spoken out constantly on the
need for our antiterrorist agencies to safeguard our Constitutional
rights and civil liberties.
Congress is the most essential body for protecting Americans from
these types of excesses and missteps by the Department.
Furthermore, the American people have also charged us with ensuring
that every dollar that the government spends--especially on something
like Homeland Security--is spent in a way that yields the most benefit.
The most significant way that we in Congress carry out this vital
task is by controlling the way money is spent--and, if necessary,
denying the Administration requests if they are unable or unwilling to
respond to our concerns.
Chairman Rogers recognized this point when he built accountability
into this bill.
I would also like to take a moment to highlight some of the funding
levels in the bill that I believe are inadequate.
I understand that when it comes to something like our safety and
security from terrorist attacks, any final amount of funding means that
tough choices must be made.
One important area that suffers a severe cut in this bill, however,
is funding to our state and local programs, which the bill reduces by
11 percent from this year.
The Administration and many on our committee have noted that this cut
is in response to the sluggish pace at which the Department and states
move these funds out to local agencies, so that they can be spent.
But I don't believe that slashing funding for these essential
programs is the right approach to making them work better.
These state and local governments are on the front lines in our
struggle against terrorism, and still have many needs that are going
unmet.
Most notably, fire grants, which, as the Ranking Member notes, are
the most successful grant program at DHS are reduced by $115 million
from current levels--16 percent--even as we are finding that our
firefighters are still largely unprepared to respond to catastrophic
terrorist acts.
In addition, State homeland security formula grants, local law
enforcement terrorism prevention grants, and urban area security
grants, all of which are especially important to my district and other
high risk areas, are reduced by 14 percent.
As the bill moves to Conference, I am hopeful that we can find a way
to address some of these deficiencies, and I look forward to working
with the Chairman and Ranking Member on these issues.
In closing, I believe overall that this is a good start to tackling
many of the problems that have plagued the Department from its
inception, and I urge all my colleagues to support it.
{time} 1230
Mr. SABO. Mr. Chairman, I yield 4 minutes to the gentleman from North
Carolina (Mr. Price), another distinguished member of our subcommittee.
Mr. Chairman, how much time do I have left?
The CHAIRMAN. The gentleman from Minnesota (Mr. Sabo) has 15\1/2\
minutes remaining.
(Mr. PRICE of North Carolina asked and was given permission to revise
and extend his remarks.)
Mr. PRICE of North Carolina. Mr. Chairman, I am grateful to my
colleagues, the gentleman from Kentucky (Mr. Rogers) and the gentleman
from Minnesota (Mr. Sabo), for their conscientious and cooperative
efforts in writing this bill.
The bill would provide much-needed additional funding to protect our
borders. It would also boost the Department of Homeland Security's
efforts to track down potential terrorists and criminal aliens that are
already in this country.
It would shorten the backlog for people seeking to legally live in
this country as permanent residents or citizens. It would help protect
our ports and our chemical and nuclear facilities. And as the gentleman
from New York (Mr. Serrano), my colleague, just stressed, it focuses on
accountability, much-needed accountability, at the Department, and I
commend the gentleman from Kentucky (Mr. Rogers) in particular for
that.
Given the limited funds the gentleman from Kentucky (Mr. Rogers) and
the gentleman from Minnesota (Mr. Sabo) had to start with, theirs was
not an easy or enviable task, and they have done an exceptional job
with the poor hand they were dealt. But I have said this before and I
will say it again: we can do better. This bill could and should be
better. We would do better if we made better budget choices at the
front end of this process.
This vote today is not occurring in a vacuum. During recent funding
debates, we have heard the Republican leaders say over and over, there
simply are no funds available to provide what
[[Page H3366]]
is needed. I suspect we are going to hear that again today.
What we do not hear as often is that since 9/11, we have spent 20
times as much on tax cuts, mainly benefiting the wealthiest people in
this country, as we have on protecting the American people from
terrorist attacks. Just the other week, we passed another tax cut that
will only benefit people inheriting estates that are worth millions of
dollars.
So we go over the cliff fiscally, and our Republican friends try to
pin the blame on discretionary domestic spending, including spending
for security. We pass budget resolutions that fall far short, so that
by the time we try to write appropriations bills within the limits in
these resolutions, we have nothing left to talk about. All we can do is
lamely speak of the things we just are not able to do, in this bill and
other bills, because we do not have the funds.
Well, we chose not to have the funds. To name one conspicuous
example, for the second year in a row, we are going to cut the Fire
grant program, one of the most successful Federal programs we have.
Despite the fact that a recent FEMA study showed that two-thirds of
our fire departments operate with staffing levels that do not meet the
minimum safe staffing levels required by OSHA and the National Fire
Protection Association, we are again under-funding the SAFER program,
which assists understaffed departments in hiring additional personnel.
Mr. Chairman, we pass bills authorizing first-responder support, but
when it comes time to pay for these programs, we would rather put the
country's money toward tax breaks for the wealthy than for police
officers who are protecting our communities. Trillion-dollar tax cuts
get rammed through this Congress, but in this bill, the leadership says
we have ``no choice'' but to cut State block grants by 14 percent.
Today, our choices are indeed limited, although I am hopeful we can
make some improvements at the margins, for example, by passing the
gentleman from Minnesota's (Mr. Sabo) first responder amendment.
At the end of the day, we should pass this bill, and I am hopeful
that colleagues on both sides of the aisle will support it. But we
should understand why this bill, despite our subcommittee's best
efforts, does fall short. We should resolve to fix this country's
budget policy so that at long last our Nation's people and their
security can come first.
Mr. ROGERS of Kentucky. Mr. Chairman, I reserve the balance of my
time.
Mr. SABO. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Lee).
Ms. LEE. Mr. Chairman, let me thank the gentleman from Minnesota for
yielding me time, for his leadership, and also to the gentleman from
Kentucky (Chairman Rogers) for his diligence, hard work, and leadership
in bringing this bill to the floor.
Mr. Chairman, last month the port of Oakland in my district in
California became the very first port in the Nation to fully install
radiation portal monitors at every one of its international marine
terminals. That means that every single container exiting the port of
Oakland will be screened for nuclear weapons. As the fourth largest
port in the Nation, that is almost 700,000 screened containers a year.
While Oakland can detect and prevent the entry of nuclear weapons
into our country now, other ports around the Nation, unfortunately,
cannot. We know that terrorist organizations are actively seeking
nuclear weapons; but under this bill, our Nation's ports would not be
fully equipped with radiation portal monitors until 2009. That is
unacceptable.
The fact is this administration has consistently underfunded port
security for years. The Coast Guard estimated in 2002 that we needed $7
billion for port security. In the last 4 years, Congress has only
provided about $737 million, and this bill would add a meager $150
million.
So, Mr. Chairman, we cannot wait until a real attack occurs, and we
need more money for port security now. So I hope that we make this
commitment today as this bill moves forward.
Mr. SABO. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman from
Minnesota for the time.
I thank the chairman of the subcommittee and as well the chairman and
ranking member of the full committee. If there is ever a challenge, Mr.
Chairman, it is a challenge of trying to get one's hands around the
massiveness of homeland security.
I think if we have ever realized the importance of the work of the
subcommittee on appropriations, and also the authorizing committee, it
was last Wednesday, just less than a week ago, when masses of people in
this area were told to evacuate and Members of Congress were seen
fleeing, as others stood by watching them.
We have, if you will, a crisis more or less in the way that we handle
homeland security issues, and the focus in terms of resources could not
be more important and could not be more immediate.
First of all, I would like to acknowledge the dollars that are in
this particular legislation dealing with Customs and border protection
and immigration and Customs enforcement. I would like to see more. I do
believe that the lack of dollars in the Fire grants is something that
we need to improve.
What I would like to focus on, in particular, is the need to, one, I
hope over time eliminate aspects of the REAL ID bill but to emphasize
that it is seemingly unwieldy to suggest that States have to implement
the REAL ID bill with a national ID card and no dollars, and I believe
that this bill falls short of the amount of money needed to implement
the REAL ID bill.
Then look at those of us who are border States, Texas, California,
Mexico and Arizona, facing the likes of the Minutemen. On May 1, the
Houston Chronicle said that the Minutemen are headed for Texas. We are
patriots but we can handle our own business, but the Federal Government
needs to handle immigration business.
I believe that we need more resources at the border for Customs and
border patrol protection agents, more dollars for enforcement
technology, more dollars to be able to protect the border, more dollars
to ward off inappropriate, unauthorized militia on our borders. The
reason why Americans are taking up immigration in their own hands is
because we have failed them.
Mr. Chairman, we need enforcement with respect to employer sanctions.
We need enforcement with respect to promoting American jobs. We need
enforcement as it relates to protecting our borders, north and south;
and yes, Mr. Chairman, we need comprehensive immigration reform.
I have introduced the Save America Comprehensive Immigration Act of
2005, which has to do with reuniting families, legalization for long-
time residents, protecting women against violence and the border
protection, as well as dealing with American jobs. I hope that we will
have an opportunity in appropriations and authorization to look at
immigration reform.
Mr. NUSSLE. Mr. Chairman, I rise to speak on the appropriations
process for fiscal year 2006 and the Department of Homeland Security
appropriations bill in particular. This is the first appropriations
bill to be considered under the fiscal year 2006 budget resolution. The
bill also provides for what we all agree is one of our Nation's highest
priorities: protecting Americans at home.
The budget resolution provides a total allocation for discretionary
appropriations of $843 billion in fiscal year 2006. This represents a
0.8 percent reduction for fiscal year 2006 in total non-defense, non-
homeland security spending. I recognize the challenge this poses to the
Appropriations Committee.
With respect to H.R. 2360, the Department of Homeland Security
Appropriations Act for Fiscal Year 2006, this is the first
appropriations bill we are considering for fiscal year 2006, and the
first to be reported by the Homeland Security subcommittee of the
restructured Appropriations Committee.
I am pleased to report that it is consistent with the levels
established in H. Con. Res. 95, the House concurrent resolution on the
budget for fiscal year 2006, which Congress adopted as its fiscal
blueprint on April 28.
H.R. 2360 provides $30.8 billion in appropriations for the Department
of Homeland Security for fiscal year 2006, which is $1.1 billion below
the fiscal year 2005 level. Excluding the $2.5 billion in one-time
appropriations provided in fiscal year 2005 for Project BioShield, the
bill actually represents a $1.4 billion, or 4.7 percent, increase in
budget authority above
[[Page H3367]]
last year's level and is $1.3 billion above the President's fiscal year
2006 request.
The bill provides increases in border protection, immigration
enforcement, first responders, transportation security, and science and
technology broadly consistent with the President's request, but exceeds
it largely because of the rejection of the Administration's proposed
$1.7 billion increase in aviation security fees for the Transportation
Security Administration. The bill's funding level is partly offset by
slowing spending for the replacement of the Coast Guard fleet and by a
reduction in non-defense, non-homeland security spending. With total
fiscal year 2006 appropriations equal to its allocation, the bill
conforms with the budget resolution.
H.R. 2360 does not contain any emergency-designated BA, which is
exempt from budget limits. The bill contains one rescission of $84
million in previously enacted discretionary BA for the Coast Guard; the
same amount is appropriated for replacement or maintenance of the
current patrol boat fleet.
The bill complies with section 302(f) of the Budget Act, which
prohibits consideration of bills in excess of an Appropriations
subcommittee's 302(b) allocation of budget authority and outlays
established in the budget resolution.
As we enter the appropriations season, I wish Chairman Lewis and our
colleagues on the Appropriations Committee the best as they strive to
meet the needs of the American public within the framework established
by the budget resolution.
In conclusion, I express my support for H.R. 2360.
Mr. UDALL of Colorado. Mr. Chairman, I rise in support of the FY 2006
Homeland Security Appropriations bill. This is not a perfect bill, but
it provides much needed funds to make our country safer.
Total funding in the bill is increased from this year's levels, with
significant increases over the requested levels for immigration and for
customs enforcement and border protection. Funding for port, transit
and aviation security is also much improved over the president's budget
request.
Still, I'm concerned about shortfalls in the bill. It cuts fire
grants by 16 percent, even as a recent survey found that fire
departments all over the country are not prepared to respond to a haz-
mat incident and lack equipment. The bill cuts State homeland security
formula grants, local law enforcement terrorism prevention grants, and
urban area security grants by 14 percent. The bill does provide
additional funding for border patrol, but the number of agents still
falls 500 short of the 2,000 called for in the Intelligence Reform
bill. Since September 11, just 965 additional border patrol agents have
been hired--less than a 10 percent increase in 4 years.
I am pleased that the House adopted an amendment offered by Mr. Obey
of Wisconsin to provide funding to help States comply with the REAL ID
Act. Estimates are that complying with the Act will cost the States
between $100 million and $500 million over the next 4 years. Since the
majority saw fit to push the REAL ID provisions through Congress, it is
important that Congress also provides funding to do the job.
I opposed the amendment offered by Mr. Tancredo 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 underfunding 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, but this bill is an important step, and I will vote for it.
Mr. BLUMENAUER. Mr. Chairman, I rise in favor of this bill, which
includes critically important funding for Oregon and the rest of the
country.
I especially appreciate funding for prevention measures to reduce the
damage done by floods and other natural disasters, and I would like to
thank the Chairman and Ranking Member for fully funding the Flood
Insurance Reform Act of 2004. The Act, which this House passed
overwhelmingly last year, extends the authorization of the National
Flood Insurance Program (NFIP) and provides new resources to address
severe repetitive loss properties.
The Federal Emergency Management Agency (FEMA) reports that
repetitively flooded properties, which make up just 1 percent of the
insured properties, account for 25 percent of NFIP claims dollars.
Mitigating these properties will not only keep people out of harm's
way, but will also save other flood insurance program policyholders
thousands of dollars.
Fully funding the program this year would allow us to move more than
1000 families out of harm's way. It will also save the Federal
government millions of dollars in money that would otherwise be spent
on flood damages and disaster relief. FEMA reports that mitigation and
building standards already in place have resulted in over $1 billion
annually in reduced flood losses.
I appreciate the strong support of Financial Services Chairman Mike
Oxley, Ranking Member Barney Frank, and their staff, who have worked
tirelessly to ensure that the Flood Insurance Reform Act is
implemented.
The Homeland Security bill also includes crucial local preparedness
grants, which are an important part of the Federal government's
responsibility to be a good partner to local communities. I am pleased
that these grants will be distributed, after a state minimum guarantee,
on the basis of risk, as the 9/11 Commission recommended.
However, I am disappointed that three and a half years after the
terrorist attacks of September 11, our homeland security budget
continues to under-fund some of our most pressing needs, from border
security to infrastructure security to first responders. But this
shortfall stems not from the appropriations bill, but from unfortunate
budget choices and the resulting inadequate allocations.
Mr. SABO. Mr. Chairman, I have no further requests for time and I
yield back my time.
Mr. ROGERS of Kentucky. Mr. Chairman, I have no further requests for
time as well, and I yield back.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 2360
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30,
2006, and for other purposes, namely:
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $133,239,000: Provided, That not to exceed
$40,000 shall be for official reception and representation
expenses: Provided further, That of the amounts appropriated
under this heading, $20,000,000 shall not be available for
obligation until the Secretary of Homeland Security submits
to the Committee on Appropriations of the House of
Representatives an immigration enforcement strategy to reduce
the number of undocumented aliens, based upon the latest
United States Census Bureau data, by 10 percent per year:
Provided further, That of the amounts appropriated under this
heading, $10,000,000 shall not be available for obligation
until section 525 of this Act is implemented: Provided
further, That the Secretary shall submit all reports
requested by the Committee on Appropriations of the House of
Representatives for all agencies and components of the
Department of Homeland Security, as identified in this Act
and the House report accompanying this Act, by the dates
specified: Provided further, That the content of all reports
shall be in compliance with the direction and instructions
included in this Act and the House report accompanying this
Act by the dates specified: Provided further, That, of the
amounts appropriated under this heading, $20,000,000 may not
be obligated until the Committee on Appropriations of the
House of Representatives has received all final reports in
compliance with such direction and instructions.
Amendment Offered by Mr. Hostettler
Mr. HOSTETTLER. Mr. Chairman, I offer an amendment.
[[Page H3368]]
The Clerk read as follows:
Amendment offered by Mr. Hostettler:
Page 2, line 9, after the dollar amount, insert the
following: ``(decreased by $500,000)''.
Page 4, line 2, after the dollar amount, insert the
following: ``(decreased by $5,505,000)''.
Page 12, line 20, after the first dollar amount, insert the
following: ``(increased by $193,200,000)''.
Page 16, line 5, after the dollar amount, insert the
following: ``(decreased by $21,156,000)''.
Page 19, line 1, after the dollar amount, insert the
following: ``(decreased by $47,500,000)''.
Page 34, line 19, after the dollar amount, insert the
following: ``(decreased by $180,000,000)''.
Page 37, line 12, after the dollar amount, insert the
following: ``(decreased by $60,000,000)''.
Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on
the gentleman's amendment.
The CHAIRMAN. The gentleman from Indiana (Mr. Hostettler) is
recognized for 5 minutes on his amendment.
Mr. HOSTETTLER. Mr. Chairman, this amendment is the combination of
the three amendments I will offer today. It would supply funds for the
shortfall of ICE agents, or Immigration and Customs Enforcement agents,
border patrol agents and detention beds that have not yet been funded
by this Congress. This shortfall occurs as a result of the difference
between authorized levels due to last year's National Intelligence
Reform Act and a combination of this year's appropriations bills, this
appropriations bill and the recently passed supplemental.
Immigrations and Customs Enforcement is the agency tasked with
enforcing immigration laws internally within the United States. It is
critical that ICE, Immigrations and Customs Enforcement, receive the
resources necessary to successfully complete its mission.
The 9/11 Commission recognized the great importance of adequately
securing our Nation's borders against the potential threats. We must
make up the shortfall in funding and provide funding for the additional
500 border patrol agents who have not yet been funded.
It is also critical that we have adequate detention bed space to
house aliens that might otherwise never return for hearings or, worse,
might commit crimes if not detained.
In conclusion, Mr. Chairman, I ask my colleagues to support this
amendment to fully fund critical parts of homeland security and the
Bureau of Border Protection, the Immigration and Customs Enforcement,
as well as detention beds.
Point of Order
The CHAIRMAN. Does the gentleman from Kentucky insist upon his point
of order?
Mr. ROGERS of Kentucky. Mr. Chairman, there is plenty of money in
this section of the bill. I think we have put all the money we can into
that section, and it is ample.
Mr. Chairman, the amendment proposes to amend portions of the bill
not yet read. The amendment proposes to increase the level of outlays
in the bill, and I ask for a ruling from the Chair.
The CHAIRMAN. Does any Member wish to be heard on the point of order
raised by the gentleman from Kentucky?
If not, to be considered en bloc, pursuant to clause 2(f) of rule
XXI, an amendment must not propose to increase the levels of budget
authority or outlays in the bill. Because the amendment offered by the
gentleman from Indiana proposes a net increase in the level of outlays
in the bill, as argued by the chairman of subcommittee on
appropriations, it may not avail itself of clause 2(f) to address
portions of the bill not yet read. The point of order that the
amendment proposes to address portions of the bill not yet read is
sustained.
{time} 1245
Amendment No. 9 Offered by Mr. Souder
Mr. SOUDER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. Souder:
Page 2, line 9, after ``$133,239,000'' insert ``, of which
$6,000,000 shall be for the Office of Counternarcotics
Enforcement to carry out its responsibilities under section
878 of the Homeland Security Act of 2002, as amended''.
Mr. SOUDER. Mr. Chairman, I rise to urge my colleagues to adopt this
amendment, which would ensure adequate funding for the Office of
Counternarcotics Enforcement at the Department of Homeland Security.
The office was created by Congress in December of 2004 as part of the
9/11 intelligence reform legislation. It is fully authorized but, to
date, has not received sufficient funds to enable it to carry out its
mission of overseeing and coordinating DHS' antidrug trafficking
efforts.
DHS is the largest single drug enforcement entity in the Federal
Government, combining the legacy Customs Service, the Coast Guard, and
the Border Patrol. For this reason, Congress specifically made drug
interdiction one of its primary responsibilities. Congress has also
created the position of Counternarcotics Officer, CNO, in 2002, to
oversee drug interdiction activity and facilitate coordination and
cooperation within the Department.
Regrettably, the original CNO position did not have the resources or
the status necessary to be effective. During a hearing held by the
Subcommittee on Criminal Justice, Drug Policy, and Human Resources,
which I chair, we learned that CNO was a detailee from the Drug Czar's
office without a dedicated staff or budget.
To remedy this problem, Congress replaced the CNO position with the
Office of Counternarcotics Enforcement. The office is responsible for
analyzing and reporting to Congress on the Department's annual
counterdrug budget request, for reporting to Congress on the results
and effectiveness of DHS counterdrug operations, and for ensuring the
coordination of the Department's counterdrug efforts both internally
and with other departments.
Although Congress authorized $6 million for the office out of the
Department's appropriation for departmental management and operations,
the administration failed to request any funds for it. The amendment
specifically designates $6 million for the office out of the overall
appropriation for the Office of the Secretary and for executive
management of the Department.
In closing, I would like to thank the gentleman from California (Mr.
Lewis), chairman of the full committee; and the gentleman from Kentucky
(Mr. Rogers), chairman of the subcommittee, for bringing this vital
legislation before the House. But once again I would like to make it
absolutely clear that this does not increase any dollars in the
Homeland Security budget. It merely requests, again, that dollars we
have authorized be set aside inside this department.
This department has been opposed by the administration before. In the
original creation of the Department of Homeland Security, the
administration opposed the creation of the Office of Counternarcotics.
This House spoke clearly, as did the other body, and the gentleman from
Illinois (Mr. Hastert), the Speaker himself, led this being inserted in
the bill, but the administration ignored our request. So when we went
back to the 9/11 report, this House again changed and added more duties
and staff to this office. The other body agreed with us, but the
administration opposed this.
The administration has steadfastly opposed narcotics, of which most
of the divisions of the Department of Homeland Security work in, yet
they have steadfastly opposed making this office anything but
superficially irrelevant. They have not allowed the director of it, the
current director was first funded by the ONDCP, now he is funded by
TSA. He has all detailees in his office, or interns. The minimal budget
is at the begging from the Chief of Staff to fund their office.
We need a set-aside office. This body and the other body have spoken
in both major bills. It needs to be funded. The administration
continues to be negligent in the area of narcotics. They proposed
wiping out Byrne grants, they proposed wiping out HIDTA, they proposed
getting rid of meth hotspots, and once again they are after the
narcotics budget.
The number one crime problem in America is related to narcotics, and
it is about time this administration understood that problem. We need
to continue to speak out in Congress, because across the board they
have been opposing this, and this may be our only chance to go on
record to show that we
[[Page H3369]]
want this administration to be more aggressive in counternarcotics.
Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the
amendment, and I rise reluctantly in opposition to the gentleman's
amendment that would earmark $6 million for the Office of
Counternarcotics Enforcement and the U.S. Interdiction Coordinator out
of funds provided for the Office of the Secretary and executive
management.
Mr. Chairman, the Department currently has eight people working on
counternarcotics issues. In the past 2 years, we funded $1.86 million
for that activity. That is almost half the funding provided for the
Chief of Staff of the Department, where the counternarcotics staff are
located. A $6 million earmark for counternarcotics would have the
effect of zeroing out all funding for all other activities funded
within the Chief of Staff's office, including the development of budget
and information technology policies for the secretary.
In fact, this amendment would require additional reductions in the
Chief of Staff's office to fund this work. These reductions would mean
that the Secretary would hire fewer security staff to focus on
classified and security-sensitive issues within the Department, reduce
support for the privacy office, or perhaps eliminate most of the newly
proposed Office of Policy and also prohibit the hiring of new staff
requested in the 2006 budget.
There is no real clear justification why this office should basically
triple in one fiscal year from less than $2 million to $6 million, or
what the appropriate size of the office should be, particularly when
they have not even filled all the funded positions they have.
While I support the counterdrug mission of the Department, and in
fact wish that the Chief Counternarcotics Officer would take a more
prominent role in resolving longstanding issues of interagency
coordination of drug interdiction, we cannot appropriate funds without
knowing what those funds will be paying for. We just do not write blank
checks in this subcommittee. I respect the gentleman's amendment and
his intent.
Mr. SOUDER. Mr. Chairman, will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Indiana.
Mr. SOUDER. Mr. Chairman, my amendment does not specify that it comes
from the Chief of Staff's office, was it? That was not my impression.
Because it is in the section of the bill that relates to the Chief of
Staff?
Mr. ROGERS of Kentucky. Reclaiming my time, that is correct, and this
is where the staff is now located. So it would have to come out of the
Chief of Staff's operating budget.
Mr. SOUDER. Mr. Chairman, if the gentleman will once again yield, I
question whether it has to come out of the Chief of Staff's budget,
because it was supposed to be a separate Director of Narcotics. I think
the Department of Homeland Security has chosen to fund it through the
Chief of Staff's office, which is not necessarily binding. But I would
be happy to work with the gentleman in conference to see if we can come
up with a figure.
Mr. ROGERS of Kentucky. Perhaps the gentleman can withdraw the
amendment and we will have a chance to work on it further.
Mr. SOUDER. If the chairman will agree to work with leadership and
with the Speaker's Drug Task Force, which has supported this, I will
withdraw the amendment on the grounds that the chairman will continue
to work with me as we move to conference.
Mr. ROGERS of Kentucky. I will be happy to work with the gentleman.
He has been a very diligent Member of this body, and I appreciate the
information he is providing to us now. We will work with the gentleman
to try to get at the problem he describes here.
Mr. SOUDER. Mr. Chairman, I ask unanimous consent to withdraw my
amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
The CHAIRMAN. Hearing none, the amendment is withdrawn.
Amendment Offered by Ms. Jackson-Lee of texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. Jackson-Lee of Texas:
Page 2, line 9, after the dollar amount, insert the
following: ``(reduced by $15,000,000)''.
Page 37, line 12, after the dollar amount, insert the
following: ``(increased by $15,000,000)''.
Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on
the gentlewoman's amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I hope the distinguished
chairman will acknowledge that we believe this is revenue neutral. This
amendment is offset by the account out of the Secretary's office and it
is not legislating on an appropriation bill, but it is addressing a
need that is overwhelming in our offices and throughout America.
If our message to America is that we believe in legalization and we
believe in the legal access to immigration, or to legalization, meaning
that we want people to come into the United States legally and to
secure legal status, then we are doing everything wrong to encourage
that proposition.
We know that this country is a land of immigrants and a land of laws,
and through the decades, through the centuries immigrants have come
first through the Atlantic, through the Statue of Liberty, through
Ellis Island, seeking opportunity and seeking legalization. And, Mr.
Chairman, we have allowed that to happen. We have had processes in
place that would work toward, not against those processes occurring.
Today, ask any Member of Congress what is the largest caseload they
have in their office, and it is regarding immigration benefits and
access to citizenship. Not illegal access, but legal access. When we
look at the documentation we find that there is a steadily increasing
number of individuals seeking legal immigrant status. In the years
2001, 7.8 million, 2002, 7.7 million, 2003, 7.1 million. At the same
time, we find that there is a lack of access to real immigration rights
because we are backlogged.
There is an enormous backlog, even though there are no numerical
limits, as reported in this chart, no numerical limits on the admission
of aliens who are immediate relatives of U.S. citizens. Such citizens
petitioning for their relatives are waiting almost a year, almost a
year, and in some parts of the country almost 2 years for the paperwork
to be processed.
Citizens and other legal permanent residents petitioning for other
nonimmediate relatives under family preferences are often waiting
several years for the petition to be processed.
This is a crisis, colleagues. We are working against our own
philosophies and policies, which is to encourage legal immigration.
Right now you can ask any Member of Congress whether they have an
elderly constituent who is attempting to beat the clock of life.
Right now in my own office there is a gentleman who loves this
country, in his 80s, and he has been trying to become a citizen through
legal ways for almost a decade. Right now he is ailing. His family
calls me every day. The reason his petition is taking so long is
because we are backlogged and cannot seem to get a simple process of
fingerprints and documentation together at once.
The additional $15 million in this amendment will help us in funding
the hiring, clearance processes, training, office equipment, and
support services for 300 additional full-time CIS adjudicators. The
Sensenbrenner-Conyers substitute amended the immigration section 102 in
a committee hearing for the immigration customs enforcement legal
program for the hiring of an additional 300 attorneys and related
training and support cost. This amendment, that I join together with
the gentleman from Michigan (Mr. Conyers) in, likewise adds this amount
of attorneys and adjudicators into this process to help us along.
The President supports reducing the lengthy backlog of immigration
application processing as an important policy objective. Lengthy
backlog and interminable processing delays are a disservice to the
needs of businesses, keeps families needlessly separated, and
undermines the integrity of the system. There is a bipartisan agreement
that the Department of Homeland Security must catch up on the backlog
it inherited from the INS. The former head of the immigration services,
Eduardo Geary, in our own Subcommittee on Immigration and Claims,
[[Page H3370]]
submitted a proposal to end the backlog.
Work has been done, but more work has to be done. The report language
for this bill earmarks $120 million for this purpose but it fails to
add money where it is needed most by increasing the number of
adjudicators who can process the backlogged applications.
Mr. Chairman, I believe this is a bipartisan amendment, as shown in
the bipartisan effort of the work done by both the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr.
Conyers). Together, the gentleman from Michigan (Mr. Conyers) and
myself now offer these additional dollars and focus on the need for
adjudicators and on the need to help with backlog applicants.
Remember what I said. The numbers are increasing every single day and
the backlog is increasing every single day. Citizens and LPRs, legal
permanent residents, petitioning for nonimmediate relatives under the
family preferences are waiting now several years. Mr. Chairman, we can
do better. How can we do better? By supporting the Jackson-Lee/Conyers
amendment.
For every single Member in this body who has a backlog in their
office of those trying to do the right thing, this is the Homeland
Security appropriation and what we need to do is understand immigration
and fight terrorism. So I ask my colleagues to support my amendment.
{time} 1300
Point of Order
Mr. ROGERS of Kentucky. Mr. Chairman, I rise to state a point of
order and in opposition to the amendment.
The CHAIRMAN. The gentleman from Kentucky is recognized on his point
of order.
Mr. ROGERS of Kentucky. Mr. Chairman, the proposal will likely cause
an overage on outlays, and so the amendment proposes to amend portions
of the bill not yet read. The amendment may not be considered en bloc
under clause 2(f) of rule XXI because the amendment proposes to
increase the level of outlays in the bill.
The CHAIRMAN. Are there Members desiring to be heard on the point of
order?
Ms. JACKSON-LEE of Texas. Mr. Chairman, first of all, I need a
clarification. The amendment is on page 2 line 9, and the offset comes
on page 37 line 12. I do not understand what the objection is to the
amendment in terms of out of order. I seek a clarification. What is the
objection?
Mr. ROGERS of Kentucky. Mr. Chairman, I will read it again to the
gentlewoman.
The amendment proposes to amend portions of the bill not yet read.
The amendment may not be considered en bloc under clause 2(f) of rule
XXI because the amendment proposes to increase the level of outlays in
the bill.
The CHAIRMAN. Are there further Members desiring to be heard on the
point of order?
Ms. JACKSON-LEE of Texas. Mr. Chairman, let me just say I would hope
that the chairman would be willing to waive the point of order. I
consider this amendment so important that I will withdraw the
amendment.
Mr. Chairman, I ask unanimous consent to withdraw my amendment
without prejudice at this time.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas that the amendment be withdrawn?
There was no objection.
Amendment No. 7 Offered by Mr. LoBiondo
Mr. LoBIONDO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. LoBiondo:
In title I, in the item relating to ``Office of the
Secretary and Executive Management'', after the first dollar
amount, insert the following: ``(reduced by $130,000,000)''.
In title I, in the item relating to ``Office of the Under
Secretary for Management'', after the first dollar amount,
insert the following: ``(reduced by $130,000,000)''.
In title I, in the item relating to ``Office of the Chief
Financial Officer'', after the dollar amount, insert the
following: ``(reduced by $16,000,000)''.
In title I, in the item relating to ``Office of the Chief
Information Officer'', after the first dollar amount, insert
the following: ``(reduced by $190,000,000)''.
In title II, in the item relating to ``United States Coast
Guard-acquisition, construction, and improvements'', after
the first dollar amount, insert the following: ``(increased
by $466,000,000)''.
Mr. LoBIONDO. Mr. Chairman, the amendment I offer today with my
colleague and friend, the gentleman from Massachusetts (Mr. Delahunt),
would restore the $466 million cut to the Coast Guard's Integrated
Deepwater System. I know the gentleman from Kentucky (Chairman Rogers)
strongly supports the Coast Guard; and while I disagree with his
decision to cut Deepwater, I understand why the gentleman felt the need
to do it.
In light of the post-9/11 capability requirement changes, the
gentleman from Kentucky (Mr. Rogers) asked for a comprehensive
implementation plan for the entire life of the program. As the Chair of
the Coast Guard authorizing subcommittee, I have also requested the
exact same information. Unfortunately, to date, neither the gentleman
from Kentucky (Mr. Rogers) nor I have received the information
requested. I would say to the Coast Guard, to the Department of OMB,
provide Congress with this information and do it now. No more excuses,
just do it now.
If the administration continues to ignore this request, the Deepwater
program will be devastated. At $500 million, Deepwater will likely take
over 40 years to complete instead of the original 20-year estimation.
Thousands of jobs would be lost in a number of States. The total cost
to the taxpayer would actually increase substantially because of the
delays; and the delivery of the new, more capable vessels, aircraft and
communications equipment will be delayed indefinitely.
Specifically, this cut in funding would likely stop all work on the
national security cutter affecting jobs in Mississippi. The break in
production would negatively impact the already-troubled shipbuilding
industry. It would also defer design work on offshore patrol cutters
and the fast response cutter, again affecting jobs in Mississippi,
would stop work on the vertical takeoff unmanned aerial vehicle, and
this affects jobs in Texas. It will scale back the mission
effectiveness program of the 210- and 270-foot cutters, which is
intended to keep these legacy assets afloat and operational. This will
affect jobs in Maryland.
Also, Mr. Chairman, it will affect the operation tempos
significantly, placing a tremendous strain on the service's aging
legacy assets that are doing the job now.
In fiscal year 2004, the United States Coast Guard lost over 700
patrol days due to failing legacy assets. Last year, the cutter fleet
operated free of major casualty less than 50 percent of the time. Last
year, the service's fleet of C-130, HU-25, and HH-60 aircraft all
failed to meet target levels for readiness. And last year, the Coast
Guard's main rescue helicopter experienced in-flight engine failures at
a rates of 329 mishaps per 1,000 hours of flight.
All of these issues are putting our men and women in uniform in grave
danger and jeopardizing our homeland security mission. The GAO
testified before my subcommittee that legacy assets are insufficient to
meet mission demands and the need to replace or upgrade deteriorating
legacy assets is considerable. The Coast Guard commandant calls it a
readiness gap or downward readiness spiral.
Whatever we call it, the fact remains without new and better-equipped
assets promised under Deepwater, the Coast Guard will not be able to
successfully conduct its homeland security and other vital missions.
Delaying Deepwater is bad for homeland security. It is also bad news
for the budget. Continuing to defer acquisition of new assets causes
the service to sink more and more money into rapidly deteriorating
legacy assets just to keep them afloat.
The Coast Guard anticipated spending $20 million annually to keep
legacy assets operational; but in 2006 the service expects to spend
more than 12 times that much, and that does not take into account the
nearly $60 million it will cost to replace the wing boxes on several of
the C-130s or the $63 million in other unfunded legacy sustainment
priorities.
In order to control costs, we need to invest in replacement assets.
The new Deepwater assets will cost much less to maintain and will
operate with fewer
[[Page H3371]]
servicemembers, saving millions in operating expenses and helping our
homeland security mission. Deepwater will allow the service to push out
the borders and effectively meet the demands of homeland security and
other traditional missions.
I urge my colleagues to fully restore the Deepwater funding, and at
the appropriate time I intend to withdraw my amendment and hope that
the gentleman from Kentucky will have received the information
requested from the administration, and work with us as the bill moves
forward to restore these desperately needed dollars.
Mr. DELAHUNT. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, imagine that your house is on fire, and the first thing
you do is call 911; but the fire truck which was purchased during the
Eisenhower administration gets a flat tire. The siren is not working,
and then the hose springs a leak. Now you have lost your house, all of
your possessions, and hopefully not your life.
Now imagine you are at sea. You call for help. The mayday call will
be answered by the United States Coast Guard with ships and planes that
are called legacy assets. Presumably that is a euphemism for old,
really old. In fact, the Coast Guard operates the second oldest naval
fleet in the world. The North Korean and Iranian naval fleets are in
better shape than the United States Coast Guard.
Many so-called legacy assets are riddled with structural defects,
putting Coast Guard personnel and people who call on them for help at
risk, like the nine Coast Guard personnel who were aboard the 1942-era
cutter Storis who nearly died when the davit lowering their lifeboat
ripped away from the steel superstructure crashing them into the frigid
Bering Sea. The rescuers literally became the rescued.
And remember last year, the Coast Guard's main search and rescue
helicopter, the Jayhawk, experienced in-flight engine failures at a
rate of 329 per 100,000. The FAA acceptable standard is one per 100,000
flight hours. These failures limit the Jayhawk's ability to hover over,
and place the lives of its crew and passengers and those below in
danger.
The undisputable fact is that the demands on the Coast Guard have
vastly outpaced its resources. I think we can all agree, there is no
margin for era, particularly in this post-9/11 world, when the Coast
Guard cannot escort an LNG tanker because the cutter's hull has
fractured; when the parents of an overdosed teenager discover that the
Coast Guard boats were not fast enough to interdict the drug smugglers;
when family members of deceased fishermen discover that the Coast Guard
could not have got there sooner because the helicopter had to turn
around because of engine problems.
I sincerely appreciate the gentleman from Kentucky (Mr. Rogers) and
the Committee on Appropriations have been most patient in seeking the
answers to the questions that they have posed, but I deeply regret we
have come to the point where Congress feels it is necessary to threaten
the future, the very existence, honestly, of the Coast Guard; and OMB
and the administration should comply sooner rather than later with the
request put forward by the chairman so we can put this matter behind us
and meet our responsibilities to the brave Coast Guard personnel as
well as the American people.
In the end, we should be looking for ways to speed up the Deepwater
program and encourage the purchase of additional cutters and aircraft.
What the service needs with its multiple missions and increasing
responsibilities is not further reduction, but rather increases;
increases, not of millions, but of billions, of dollars because it is
that critical.
Unless we do not really care about patrolling ports, bridges and
power plants, unless the 5,000 lives that the Coast Guard saves on an
annual basis are now expendable, and we all know that is not true, that
is not the case. But the reality is a crippled Coast Guard means lost
property, lost commerce, and lost lives. We can do better.
Mr. SAXTON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, first let me thank the gentleman from New Jersey (Mr.
LoBiondo) for bringing this important amendment to the floor. I think
it is very important. I would also like to commend the Subcommittee on
Homeland Security and the gentleman from Kentucky (Chairman Rogers) for
the great job he has done in doing his job as the chairman of this
important subcommittee.
I would like to bring my perspective as the chairman of the
Subcommittee on Terrorism and Unconventional Threat and Capabilities on
the Committee on Armed Services. I like to look at the war on terror in
three parts. We have the part that is taking the fight to the enemy.
That is the armed services and the intelligence community. We have the
job of gathering information both domestically and internationally in
this very difficult war on terror. And third, we have the job, the task
of securing the homeland.
{time} 1315
We are talking about building block No. 3 today. This year,
unfortunately, it has been found necessary for the fiscal year 2006
Homeland Security Appropriations bill to include $500 million for the
Coast Guard's Integrated Deepwater System, cutting the program by $466
million below the President's request. I think this is a mistake. I do
not think there is anything more important today, and I remember Ronald
Reagan telling me when I was first elected to Congress 20 years ago
that there are many things that the Congress does that are important,
but nothing is more important than providing security to the American
people.
Cutting nearly half of the funding will result in huge delays for
Deepwater. This is simply unacceptable. If funding remains at this
reduced level, it will add an additional 20 years to the program's
completion. We cannot wait. This would serve a tough blow not only to
this program but to taxpayers who ultimately have to fund the program
over the long term.
Continuing to underfund the Deepwater program only puts off the
acquisition of new replacement assets and further stresses already
failing legacy systems. The gentleman from New Jersey went into some
detail on that subject. With reduced resources, the service is forced
to sink the majority of its funding into keeping legacy systems
literally afloat and literally in the air.
Failure to fully fund the Deepwater program creates a readiness gap
that we cannot afford to create. The Coast Guard performs countless
critical missions to aid in the war on terror and we must not
intentionally reduce or hamper their capabilities.
I understand that the gentleman from New Jersey is going to withdraw
this and there will be pending considerations by the chairman of the
committee. I thank both gentlemen for their effort in this regard.
Mr. FRANK of Massachusetts. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I appreciate the gentleman from New Jersey bringing
this forward and I join with him and my colleague from Massachusetts in
regretting that we are at this pass. I understand that the committee is
not motivated by any animus against the Coast Guard or any failure to
appreciate the need for what it does. While we are going to have this
amendment withdrawn at this point, obviously we all fervently hope that
the administration will come into compliance with the very reasonable
request of the committee so that by the time this bill ultimately is
signed into law it includes these necessary funds for the Coast Guard.
I represent the most prosperous fishing port in the United States,
the city of New Bedford, town of Fairhaven. The value of the catch
there is very significant. They make a significant contribution to the
economy, the fishermen do. They also provide a very healthy source of
food. At a time when we are worried about the health of what people
eat, the health effects, we are worried about obesity, fishing is one
source of about the healthiest food people can eat. Unlike most other
foods, people do not often realize that the seafood that is brought to
their table involves some risk of life. People do not get killed
growing vegetables or even herding cattle, but people get killed
fishing, particularly out in the deep sea. We have had tragic instances
recently in the North Atlantic of these extraordinarily brave men
losing their
[[Page H3372]]
lives not through their own fault but weather and other factors.
We need to do a lot to deal with that. We need to change regulations
that give them incentives to be out at unsafe times. We need to do
better training. We need a whole range of things. But no matter how
hard we try to avoid accidents, given the nature of fishing, they will
happen. Sadly, the Coast Guard today is not as well equipped as it can
be and should be to deal with those accidents.
My colleague from Massachusetts alluded to a controversy over a
failure of a helicopter at a time when someone needed a rescue. The
Coast Guard maintains that it would not have made any difference. We do
not know whether it did or did not, but even accepting their argument,
we should not be having that debate. Families mourning the loss of a
brave fisherman should not be further tormented by the possibility that
it was a failure in our own government that led that to happen.
Having the Coast Guard do everything that it physically is capable of
doing in these rescue situations is an essential part of an overall
safety program, and obviously that cannot happen without there being
the funds that we need. I urge the administration strongly to comply
with the committee's request because it would be morally unacceptable
for us to let this bill get signed into law with this gap still there.
I appreciate the leadership of the committee in trying to get it
resolved. They will have our support in doing that. We hope that when
this bill is finally signed, those of us who represent fishermen will
be able to tell them with some sense of confidence that we are, in
fact, doing everything that we can to save them in this difficult
situation.
Mr. TAYLOR of Mississippi. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, the ships we are talking about today are well over 35
years old. If we were to proceed as scheduled, it is still going to
take 2 or 3 years to build them. If we delay, we are talking really no
telling how long. Quite frankly, the Navy right now is retiring Block I
Aegis class cruisers that are less than 20 years old for maintenance
problems. If we are going to retire 20-year-old Navy ships, it is only
fair that the people who sail side by side with them, the United States
Coast Guard, should have their ships replaced as well.
The gentleman from Kentucky has asked some very legitimate questions.
I would hope the administration would be forthcoming with the answers
to those questions. It is important to know what sort of financial
obligations we are undertaking by replacing these vessels. But the
bottom line, Mr. Chairman, is we have no choice but to replace these
vessels. They are 35 years old, the newest of them. We are sending
young people to sea that are half the age of the vessels they sail on.
If it was my son, your son, I know we would want better than that.
I encourage you to get the answers that you seek, for the Coast Guard
to be forthright with the information that you seek, but at the end of
the day it is important that these ships that were built in the 1960s
and the early 1970s be replaced as quickly as possible.
Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the requisite
number of words.
I really appreciate the action of the gentleman from New Jersey, the
chairman of the Coast Guard authorization committee. I really
appreciate the gentleman's amendment and the comments that have been
made. I think we are all in agreement. There is nothing that hurt me
more in this bill than when we were forced to cut back the Deepwater
monies until we could get the report of the Coast Guard about what the
20-year plans were.
I am a big supporter of Deepwater. In fact, when I was chairman of
the Transportation Appropriations Subcommittee is when we first funded
Deepwater. The gentleman from Minnesota and I served on that
subcommittee as well. It is a wonderful program.
But then came 9/11. When 9/11 happened, the mission of the Coast
Guard dramatically changed and they never really amended the Deepwater
program in view of that very alarming new mission that they became
charged with. And then we have continued to fund them for the last 2
years just based on their promise that they would get us the revised
plan--a rebaselining. And then as time passed and we began to notice
with the help of the gentleman from New Jersey's subcommittee that more
and more of the Deepwater monies intended for new equipment was being
used to maintain the old equipment, increasingly eating into the
Deepwater monies. We felt we had no choice but to try to force the
issue.
We have bent over backwards, 15 different ways, with the Coast Guard
and with the Department to try to get them to tell us the new 20-year
plan, the rebaselined Deepwater, so that we all know where we are going
and we know what we are buying.
This subcommittee is not going to be a blank check for anybody. We
insist on knowing what the program is. I think that is our duty. As
soon as the Coast Guard can get us the 20-year Deepwater spending plan,
I think the problem will disappear but not until. The old equation,
lack of information means lack of money, applies to the Coast Guard as
it does to my personal account.
I appreciate the gentleman from New Jersey's work and his attitude in
the subcommittee. He is a great leader of that subcommittee and has
done a wonderful job. We have enjoyed working with him. He is easy to
work with. He is very firm in his convictions, but he understands what
has to be done here.
I hope that this painful period of time will pass. It is up to the
Coast Guard and the Department and perhaps, most importantly, the
Office of Management and Budget to all finally agree and let us get on
with it. I thank the gentleman for offering the amendment.
Mr. SABO. Mr. Chairman, will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Minnesota.
Mr. SABO. The concern of the committee to get a rebaselining of the
Coast Guard construction program is not something that has just
happened recently. I think we have been working on this for a year and
a half, 2 years, something like that, to get the rebaselining. It is
not a last-second whim that has occurred, but something that we have
been concerned about for an extended period of time and have not gotten
a response.
Mr. ROGERS of Kentucky. The gentleman is exactly correct. In fact, in
the 2002 period of time we were requesting the new baseline. We did
that in 2003. And then in the 2005 bill finally, we wrote it into the
law that said you shall furnish the rebaselining on a such and so date.
That time has long past gone. We still do not have it. What else can we
do? I am open to all ideas, but I think the only weapon we have left is
withholding funds.
Mr. ANDREWS. Mr. Chairman, I move to strike the requisite number of
words.
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I want to express my appreciation to the
gentleman from New Jersey (Mr. LoBiondo) for bringing this issue to the
attention of the House and my appreciation to Chairman Rogers and
Ranking Member Sabo for performing the kind of responsible oversight
that our branch of government is accountable for.
The gentleman from New Jersey very accurately points out that the
Deepwater program is an essential element of homeland security. The
Coast Guard's mission has changed dramatically and justifiably since 9/
11. For it to carry out that message, its aging and inferior fleet
needs to be replaced with a 21st century fleet. I commend the gentleman
from New Jersey for taking the lead in making that fleet a reality.
I understand that because of the constraints we are under under this
bill, that he will not be able to go forward with his amendment at this
time. I obviously support that decision. But I wanted the gentleman
from Kentucky (Mr. Rogers), the gentleman from Minnesota (Mr. Sabo) and
the gentleman from New Jersey (Mr. LoBiondo) to know that I would be
interested and willing to help in whatever efforts are necessary from
this point on so that we can find the optimal and appropriate level of
funding for this program so
[[Page H3373]]
that we can complete the modernization of the Coast Guard for its very
essential new mission.
I again thank the author of the amendment and would urge continued
cooperation.
Mr. YOUNG of Alaska. Mr. Chairman, I rise in strong support of the
Lobiondo amendment.
The Coast Guard's Deepwater Program will result in a nearly complete
recapitalization of the Coast Guard's fleet of vessels, aircraft, and
supporting systems.
The Coast Guard's legacy assets are failing at an alarming rate,
jeopardizing the success of Coast Guard missions and the lives of Coast
Guardsmen.
We must bring the new assets that will be procured through the
Deepwater Program online as quickly as possible.
The current bill will not only fail to accelerate the rate at which
these assets become available, but it dramatically slows down the
delivery of these critical assets.
Following the events of 9/11, the Coast Guard has taken on
significant responsibilities to protect maritime homeland security in
addition to carrying out its important traditional missions of search
and rescue, illegal drug and migrant interdiction, oil spill response
and prevention, and fisheries law enforcement.
We must provide the resources necessary to allow the men and women of
the Coast Guard to successfully carry out these missions.
The Deepwater Program will provide these assets and I applaud the
chairman of the Subcommittee on Coast Guard and Maritime Transportation
for his amendment to provide funding to procure the assets needed by
the Coast Guard.
I thank the chairman.
Mr. RUPPERSBERGER. Mr. Chairman, I rise today in support of the
LoBiondo amendment to the DHS authorization and I ask my colleagues to
support it.
The Coast Guard yard in Baltimore, MD has dedicated coasties and
dedicated civilian personnel, all of whom are fighting to keep us safe
and secure. So it is disheartening to hear that the DHS authorization
is going to cut critical funding for the Coast Guard to the tune of
$466 million.
This in my opinion is a huge mistake. We have asked the Coast Guard
to take on an aggressive and daunting role in protecting our
coastlines, ports, rivers and waterways, and more importantly keeping
our homeland secure. We cannot and should not be cutting their funding.
The Coast Guard is moving in a new and exciting direction that will
allow for an all encompassing approach including faster, stronger ships
along with an aircraft component. At this time we should not be cutting
their budget; we should be making sure they have the tools and
resources to keep us safe.
It is my understanding that cuts could result in a loss of up to 108
jobs at the Baltimore Yard and I want to let you know that this is
completely unacceptable. The Baltimore Coast Guard yard is already
scheduled to lose 50 jobs for the MEP program and to add another 108
jobs on top of it would devastate the yard and the proud maritime
tradition that Baltimore has.
I support the new direction for the Coast Guard and believe these new
capabilities will only make our homeland security stronger. However,
losing skilled ship repair and builders is not a good idea. It is hard
enough to find trained workers but to keep pushing them aside will only
hurt us when we need their help the most.
But aside from that we are cutting the fleet of vessels that are
going to be the new line of maritime defense. We cannot let this
happen. This Deepwater project is designed around the new cutters,
smaller support craft and integrated aircraft fleet. By reducing
funding for this program you will hurt the overall effectiveness of the
program and we will lose hundreds of jobs of hard working Americans.
I ask my colleagues to stand in support of this amendment.
Mr. LoBIONDO. Mr. Chairman, I thank the gentleman from Kentucky (Mr.
Rogers) for his focused and outstanding leadership, and I ask unanimous
consent to withdraw the amendment.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
Amendment Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. Jackson-Lee of Texas:
Page 2, line 9, after the dollar amount, insert the
following: ``(reduced by $18,000,000)''.
Page 37, line 12, after the dollar amount, insert the
following: ``(increased by $15,000,000)''.
Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on
the gentlewoman's amendment.
The CHAIRMAN. The gentleman reserves a point of order.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I hope that we will have an
opportunity to find common ground. Again, I raise the question to my
colleagues, how many of you have been overwhelmed by the number of
immigration cases in your office and overwhelmed by the fact that these
are individuals seeking legal status.
I referred my colleagues to a report on immigration and
naturalization petitions pending from 1997 to 2004. The most glaring
point is that citizens and legal permanent residents petitioning for
other not immediate relatives under the family preferences are often
waiting several years for the petitions to be processed.
{time} 1330
The normal cycle is 6 months.
This amendment is simple. It would provide relief by providing for
funding for the hiring, clearance processes, training, office
equipment, and support services for 300 additional full-time CIS
adjudicators above the number of adjudicators presently employed by CIS
in fiscal year 2005. This means that the backlog elimination plan as
offered by the former Director of U.S. Citizenship and Immigration
Services, Eduardo Aguirre, could be further implemented, and, also, the
report given by the ombudsman presented in the first annual ombudsman
report, which talks about the enormous delay and the need for improving
in Citizenship and Immigration Services.
Let me share with my colleagues the long time of waiting in a number
of States where these regional service centers are. If one is
attempting to get their immediate relatives into the country, in
California the waiting started for processing of applications filed in
2003; Nebraska, 2002; Texas, 2002; Vermont, 2003. Unmarried sons and
daughters of citizens, these applications are backlogged to July 19,
2001, out of California Regional Center; Nebraska, 2001, Regional
Center; Texas, the regional center there, 2001; and Vermont, 1999. If
one is a legal permanent resident and they are attempting to get their
unmarried son and daughter and they are going to their Congressional
office, their petition would be backlogged in California from April 6,
1998; Nebraska, April 13, 2001; Texas, October 30, 1998; and Vermont,
January 4, 1999.
Even with the new Department of Homeland Security, Mr. Chairman, it
is imperative that we begin to look misdirections. We argue for legal
immigration and legal processes, but yet when those individuals try to
access the process, they are put in lines that are long and not moving,
which frustrates the process, it frustrates our message.
We should promote legalization. We should promote access to
legalization. We should promote those who come into this country to
seek access to legalization in a legal way, in a way that falls under
our laws. But if our processes are broken, then we are not in any way
supporting our policies.
This amendment is simple. It provides $18 million to assure us that
these 300 adjudicators can help move the process along. It also, I
think, tracks very well with our intent as we have seen a number of
legislative initiatives being offered. As I said, I have offered the
Save America Comprehensive Immigration Reform Act that deals with
border protection, that deals with saving America's jobs, protecting
immigrant women who are subject to violence. It also, I believe,
provides dollars for border protection.
But the question of immigrant services is, even with the good works
of this subcommittee, long overdue to improve. These 300 adjudicators
can go a long way in improving that and answering the concerns of many
of our colleagues when they go into their office and talk to their
caseworkers and see the long list of cases dealing with immigrant
concerns.
It also responds to those who are aging on the list. They are trying
to secure access to citizenship and legalization. They have put in
their paperwork, but they have been delayed. Long years of delay. Right
now in my office I have an elderly gentleman who simply wants to pledge
allegiance to the flag of the United States of America, put his hand up
on his heart and salute the flag of the United States of
[[Page H3374]]
America. He has been waiting for years. He is aging. He is ill. He
wants to return home to his motherland for some issues that he has to
contend with, but he cannot move from the United States because we have
been waiting and waiting and waiting and waiting for his citizenship
process to go forward.
These are the kinds of crises that Members face all over America.
These are the kinds of crises that immigrants face who are seeking to
follow the process legally.
I ask my colleagues to support this amendment that would allow us to
add 300 adjudicators to this process. I believe it is revenue neutral,
and I ask my colleagues to support it.
Mr. Chairman, this amendment would increase the appropriation of
funds for the Bureau of Citizenship and Immigration Services, CIS, by
$18 million for the purpose of funding the hiring, clearance processes,
training, office equipment and support services for 300 additional
full-time CIS adjudicators above the number of adjudicators employed by
CIS in Fiscal Year 2005.
The President supports reducing the lengthy backlog for immigration
application processing as an important policy objective. Lengthy
backlogs and interminable processing delays are a disservice to the
needs of business, keep families needlessly separated, and undermine
the integrity of the system.
There is bipartisan agreement that the Department of Homeland
Security must catch up on the backlog it inherited from the INS. In
fact, the report language for this bill earmarks $120 million for this
purpose. But it fails to add money where it is needed most--for
increasing the number of adjudicators who can process the backlogged
applications.
Just recently, in a bipartisan agreement negotiated between the
Chairman and the Ranking Member of the Judiciary Committee,
authorization was added during a Judiciary Markup for DHS to hire
additional attorneys for the Bureau of Immigration and Customs
Enforcement, ICE, and 300 additional adjudicators for CIS. The
amendment before us today is necessary to fund the additional
adjudicators and the related training and support costs.
After forging that agreement, and passing it out of the Judiciary
Committee, the majority tried to undercut that agreement by requiring
that the adjudicators be paid for by an increase in immigration
services fees. Simultaneously, they authorized explicit funding for the
new ICE attorneys to be drawn out of the total DHS authorization.
These costs should not be born by immigrants. Immigrants should not
have to subsidize the administrative failures of our immigration
agency. It is an insult to require immigrants to keep paying more and
more for slower and shoddier service. These funds should be
appropriated by Congress, and Congress should demand better agency
management of these funds.
I understand and appreciate the concern of those who would resist
moving funds from enforcement functions to adjudications. I do not
believe that a reduction of $15 million in the funds available for
enforcement activities would significantly reduce the effectiveness of
our enforcement programs. That amount of money would be sufficient,
however, to support 300 additional adjudicators who are desperately
needed for backlog reduction in benefits applications.
As to the discussion by the gentleman from Wisconsin, Ranking Member
Obey, regarding his surprise over the submission of this amendment, let
me clarify his assumption. This crucial amendment was not intended to
broadside anyone. My immigration counsel and someone from Mr. Conyers'
staff met with one of Mr. Obey's staffers last Friday afternoon to
discuss amendments, and this amendment was brought up at that time.
Mr. Chairman, I ask that my colleagues support this amendment.
Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the
amendment.
The CHAIRMAN. The gentleman continues to reserve his point of order.
Mr. ROGERS of Kentucky. Mr. Chairman, in this bill we double the
amount of money that is in the 2005. We double it, $40 million more
than they had in 2005, and it is 50 percent more than what the
President requested. I mean we are shoveling money at this office. To
shovel more money at them would be, I think, wasteful, to say the very
least.
Number two, this proposal would cut the Office of the Secretary. We
are already doing a lot of that in this bill, and to cut them any more
I think would be counterproductive. That Office of the Secretary is
$133 million plus. This cut would result in a 15 percent reduction from
that figure. The office is largely salaries and expenses, and cuts will
result in fewer people attempting to meet an increasing workload. Fewer
people means the Department will take even more time to respond to our
Congressional inquiries.
We have been critical of that office, but it is this office that will
ultimately make the changes needed to make this Department work. They
are working on the new Secretary's second-stage review even as we
speak. It is only now that the office has been fully staffed up. Any
cuts would directly affect these positions.
In 2006 we recommended about 90 new positions to address critical
needs in the Secretary's Office. These cuts that the gentlewoman
proposes would result in reductions in security personnel responsible
for classified material. It would reduce the newly expanded privacy
office, and it would reduce the newly created policy office, a function
that should help eliminate some of the stovepiped functions that we
complain about in the Department.
So I would urge Members to reject the amendment. We have already
doubled the amount of money in that account in this bill, and it would
slash the Office of the Secretary at a very critical time.
I oppose the amendment, Mr. Chairman.
Mr. PASCRELL. Mr. Chairman, I move to strike the last word.
I yield to the gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished
gentleman for yielding to me.
I appreciate the dilemma that the chairman speaks to, particularly
with respect to the very broad needs that we have.
I want to remind my colleagues that this is $18 million for 300
adjudicators specifically and that what we are talking about is trying
to eliminate or bring down the existing 6 million benefit applications
that were pending in 2003. As I read to my colleagues, no matter what
part of the country they are in, whether they are under the California
Regional Service Center, the Nebraska Regional Service Center, the
Texas Regional Service Center, the Vermont Regional Service Center,
their constituents are facing an enormous backlog. That raises a lot of
havoc, Mr. Chairman. In fact, it speaks to security in this country
when people are undocumented and do not have the legal papers that
would allow them to stay in this country.
It helps young people to age out. One of the issues that we have
dealt with is when parents who are trying to bring their children in
and the children reach 21 before they are able to even be processed.
This is a crisis. And as one of my colleagues who stood on the floor
of the House said, the Department of Homeland Security is huge. This is
not an attempt to cause the resources out of the Office of Secretary to
be diminished in strategic areas. But I can assure the Members I have
great confidence in our new Secretary and those dollars can be
effectively moved out of places that would not be damaging to his
mission or his work or the work of the Department of Homeland Security.
What we are talking about is providing that $15 million for 300
adjudicators, and I would welcome the opportunity for us to be able to
support this amendment and support this amendment in a way that
realizes that it focuses on needs that many of our offices face all
over America.
Mr. OBEY. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in opposition to the amendment. Anyone who
serves here any length of time knows that one thing that we really
appreciate is if we are not surprised or sandbagged by other Members or
other committees.
Earlier today the Committee on Rules provided a sandbag to this
committee when, without anyone on this side of the aisle knowing about
it, they simply left this bill open to a whole variety of points of
order. And they did that after we had worked out some delicate
compromises between both sides of the aisle. I strenuously objected to
that action. I cannot be credible in objecting to that action if I do
not also object to surprises that occur on my side of the aisle.
I made a statement in the whip's meeting last week and asked every
member of our caucus to please come to those Members of the House on
this side of the aisle whose responsibility it is to run the bill from
this side of the
[[Page H3375]]
aisle. We asked that they come to us if they had any amendments so we
could walk through with them how those amendments might or might not
fit into the greater scheme of things. At least we wanted to have a
chance to consult with Members.
This amendment is here with no prior notice to me. I do not know if
anyone else on this side of the aisle was noticed, but I certainly was
not noticed, and I do not appreciate it. The fact is we have our
differences between parties, but we try to run these bills in a way
which will protect the interests of all Members. We cannot do that if
individual Members continually surprise us with amendments so that we
have not had an opportunity to try to make certain that they are
drafted in such a way that they do not get in the way of what the
sponsor is trying to do or get in the way of what we are trying to do.
The gentleman from Kentucky has pointed out that this account has
already been increased by a very significant amount. It has and I
applaud him for it. The fact is there are some accounts in this bill
that do not have a dime in it, and that needs to be corrected before an
amendment like this is offered.
So I regretfully have to say that while I wish we had more money for
a number of these accounts, as one who has to balance where we put
limited amounts of money I have to agree with the gentleman from
Kentucky and urge defeat of the amendment.
Mr. ROGERS of Kentucky. Mr. Chairman, I withdraw my point of order.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I ask unanimous consent to
strike the requisite number of words.
The CHAIRMAN. Without objection, the gentlewoman from Texas is
recognized for 5 minutes.
There was no objection.
Ms. JACKSON-LEE of Texas. Mr. Chairman, far be it from me to attempt
to surprise my colleagues. But since we are all equal Members of this
body, I consider it my right to approach this issue from the
perspective of the knowledge that I have.
I believe in collegiate work, and I believe in working with the
collective bodies here, and I do not think I have ever risen to the
floor to speak along those lines, but I will do it now. In order to
focus on some of the issues that have come to my attention from Members
across the aisle on the question of immigrant services, listening to
members of the Department of Homeland Security talk about their efforts
to ease the burden and knowing the importance of adjudicators which
would help, in fact, to ease that burden, I hope that the allotment
that has been spoken to both by the ranking member of the full
committee and the chairman of the subcommittee will be designated for
these important adjudicators.
The purpose of this amendment is valuable, and I think the gentleman
from Michigan (Mr. Conyers) and I viewed it as a valuable amendment. I
hope that as we move forward that I will be able to see that those
dollars allegedly that have been allocated, some $400 million, will go
to easing some of these backlog dates.
I remind my colleagues, 1998, 2001, 2003, all scattered across these
service centers. Why? Because they are overburdened. Fingerprints are
lost. Applications are lost. So often we hear that in our constituency.
I think the process of appropriations is a complicated process. We
attempt to do it in the spirit that is collegiate in this body. We
attempt to do it with the knowledge that we have and the research that
we do and the work with fellow staff members. If that cannot be done,
we move forward.
I hope that we can improve the process because everybody is not in a
whip meeting. So therefore I hope that we can improve the process and
ensure that when we come to the floor these amendments that we have to
be made in order, we have the understanding that they are for a purpose
and a reasonable purpose.
{time} 1345
Now, I will look forward, as we move toward conference, to monitoring
this particular legislation to see whether or not it completely
addresses the question of adjudicators, which is what this amendment is
all about, the question of adjudicators.
So, Mr. Chairman, I ask my colleagues that if they are having a
backlog in their office, I hope that they will consider that the intent
of this amendment was not a malicious intent; it was an intent to work
collegially and to help solve the problems, and I hope that we will
continue in that spirit, to work toward solving problems, because that
is what this particular body is all about, solving problems, Democrats
and Republicans working together.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson-Lee).
The amendment was rejected.
Mr. BONILLA. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in strong support of this bill, and I
congratulate the gentleman from Kentucky (Mr. Rogers), the chairman,
for taking a firm, strong, aggressive stance to secure our borders,
because that is one of the issues that is first and foremost on the
minds of Americans, whether they are on the border or whether they live
2,000 miles away.
Since the creation of the Department of Homeland Security, there has
been a dramatic increase in the number of non-Mexican illegal
immigrants, also known as OTMs, apprehended on our borders. In fact,
some border patrol sectors have reported a 300 percent increase in OTMs
this year alone. This problem has grown exponentially, in part because
the Department of Homeland Security has failed to take a strategic
approach to detention and removal that ensures that every illegal
immigrant apprehended is properly deported.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. BONILLA. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, my good friend from Texas is
correct. The Department has failed to take corrective action, and that
is why this act will withhold $50 million in funding until the
Department submits a detention and removal plan that addresses these
issues in a more comprehensive manner. Already this year, the border
patrol has apprehended over 75,000 illegals, Other Than Mexicans, more
than twice the number of apprehensions compared to this same time last
year; and we still have 5 months to go.
Mr. BONILLA. Mr. Chairman, reclaiming my time, the chairman has
worked hard to produce a bill that will fund additional enforcement,
within budget limitations, and has set forth directions in the report
accompanying the bill to get the Department headed toward a solution.
I also want to thank the chairman of the subcommittee for hearing my
concerns regarding the so-called ``catch-and-release'' policy that
allows OTMs to be released on their own recognizance. Last summer, I
was in communication with then-Secretary Ridge and then-Under Secretary
Hutchison regarding this issue, and they responded by authorizing
expedited removal for all OTMs apprehended by the border patrol.
Unfortunately, the Department has implemented expedited removal in only
two districts. I am therefore pleased to see this issue is addressed,
as well, in this bill.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. BONILLA. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, when the gentleman first
described to me the ``catch-and-release'' policy and how it has
affected the border communities, I was surprised to learn that the
Department had not made full use of its authority. I understand that
doing so will not only allow the Department to remove OTMs two to three
times faster than traditional methods while permitting legitimate
asylum claims, but would cut detention costs for such individuals by
more than 50 percent.
Mr. BONILLA. Mr. Chairman, reclaiming my time, the chairman is
absolutely correct. Expedited removal would allow the Department to
save money while addressing the OTM problem. I would also add that
taking such enforcement action would help deter OTMs from attempting to
immigrate illegally in the first place.
I once again thank the chairman for taking the time to hear the
concerns of our border communities and for responding so readily. As a
fellow subcommittee chairman, I know the difficulties in finding
solutions that meet
[[Page H3376]]
budgetary restrictions, and I appreciate the directions he has given to
the Department, which will make great strides to ensure that this
critical issue is addressed.
Amendment Offered by Mrs. Musgrave
Mrs. MUSGRAVE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Musgrave:
Page 2, line 9, insert after the first dollar amount the
following: (reduced by $100,000).
Page 26, line 23, insert after the dollar amount the
following: (increased by $100,000).
The CHAIRMAN. Pursuant to clause 2(f) of rule XXI, the Chair must
query whether any Member raises a point of order against provisions of
the bill addressed by the amendment, but not yet reached in the
reading, wit: page 26, line 19 through page 30, line 8.
Are there any points of order?
If not, the gentlewoman from Colorado (Mrs. Musgrave) is recognized
for 5 minutes on her amendment.
Mrs. MUSGRAVE. Mr. Chairman, according to recent news reports, the
Department of Homeland Security has hired former actress Bobbie Faye
Furgeson as the new ``liaison to the entertainment industry.'' In other
words, the Department of Homeland Security is now hiring actresses to
communicate with Hollywood.
In March 2004, the Department of Homeland Security posted an opening
on the government Web site, USAjobs.com, stating the salary could top
$136,000, plus benefits. I want to emphasize that this position has not
been specifically authorized by Congress.
I believe that Americans take our homeland security very seriously.
They see images of 9/11 that will clutch their hearts for their entire
lives. They saw in the news just the other day about the incident here
on Capitol Hill and saw people frantically trying to get to an area
that was safe. Thank God they were not in danger.
But the people of this country have high expectations in regard to
our homeland security after we were violated on 9/11, and they realize
how vulnerable we are. I would just like to thank the gentleman from
Kentucky (Chairman Rogers) for his excellent work in living up to those
expectations that the American people have for us.
However, I would have a very difficult time explaining to my
constituents how we would use over $100,000 in this manner. If people
are not aware of what we could do with $100,000, if we move this money
to State and local governments to have grants available for our first
responders, that amount of money would buy 694 Quick2000 Escape Hoods.
Those are like the very hoods that we keep in our congressional
offices. It would buy 558 Emergency PA systems, just like those that
were used last week to warn people and to tell them about the
evacuation. This one really interests me. It would buy 165 bullet-proof
vests. There is a young family member that we have that is a police
officer, and I realize how first responders rely on their lives with
these bullet-proof vests. That amount of money would also buy 40 Level
A HAZMAT protective suits, something that is really needed by our first
responders.
So instead of spending $100,000-plus on one person who would simply
review movie scripts for the government or help identify opportunities
for Hollywood outreach and provide resources for TV and movies, we
should direct this money to actually help the people who respond and
can save lives.
I ask for support of my amendment.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentlewoman yield?
Mrs. MUSGRAVE. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, I want to commend the
gentlewoman. I think this is an excellent amendment. I am delighted
that the gentlewoman has been able to ferret this out and bring it to
the attention of all of us, and I want to say what a great job the
gentlewoman has done and that I am going to vote for the gentlewoman's
amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Colorado (Mrs. Musgrave).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701-705 of the
Homeland Security Act of 2002 (6 U.S.C. 341-345),
$146,084,000: Provided, That not to exceed $3,000 shall be
for official reception and representation expenses: Provided
further, That of the total amount provided, $26,070,000 shall
remain available until expended solely for the alteration and
improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters
operations.
Amendment Offered by Mr. Sabo
Mr. SABO. Mr. Chairman, I and others offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Sabo:
Page 3, line 15, after the dollar amount, insert the
following: ``(reduced by $26,100,000)''.
Page 30, line 12, after the dollar amount, insert the
following: ``(increased by $50,000,000)''.
Page 30, line 13, after the dollar amount, insert the
following: ``(increased by $25,000,000)''.
Page 30, line 14, after the dollar amount, insert the
following: ``(increased by $25,000,000)''.
Page 34, line 4, after the dollar amount, insert the
following: ``(reduced by $23,900,000)''.
Mr. SABO (during the reading). Mr. Chairman, I ask unanimous consent
that the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Minnesota?
There was no objection.
Mr. SABO. Mr. Chairman, our amendment increases the funding for the
fire grant program by $50 million, $25 million for the SAFER program,
and $25 million for the regular grant program. With the $25 million
added to the SAFER program, it would be funded at $75 million, or $10
million above last year's funding.
With the increase to the regular fire grant program, it would be
funded at $575 million, unfortunately still a $75 million cut from last
year's level. If we had more funding, and more offsets, we would have
added it to this program.
I might add that whatever the problems are with the larger local
grant program, this is a program that has worked very efficiently and
effectively. It is a proven successful program, and grant decisions are
made on the basis of independent board review.
The needs of our fire departments are great, and our Federal funding
for the fire grant program has decreased in recent years and, actually,
as a population that has grown, the number of firefighters nationwide
has fallen.
Firefighters still lack basic equipment. The number of firefighters
with proper breathing gear and protective clothing has not
substantially improved since 9/11.
In 2003, Federal fire grant funding was $746 million; this year it is
$715 million. This bill, with the amendment, would increase that amount
to $650 million. The offset funding for the new personnel system would
be decreased by $20 million, but still would have an increase of $17
million, or 47 percent under this mark.
What this amendment does is it is fully funded in offsets and makes
minor adjustments in the chairman's bill but, in my judgment, will
result in better fire department capabilities in our local communities;
and I urge support for this amendment.
Mr. WELDON of Pennsylvania. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, as an author of this legislation with the distinguished
ranking member and the distinguished chairman, I thank the chairman for
working with us on this compromise. The chairman has been one of the
tireless advocates in this body on behalf of the first responder
community; and I want to tell the gentleman they recognize that. On
behalf of the 1.2 million men and women who serve in the 32,000
departments across America, they understand that the gentleman from
Kentucky (Mr. Rogers) is listening to them.
Last week, when I approached the gentleman from Kentucky (Chairman
Rogers) and the gentleman from Minnesota (Mr. Sabo), our colleague, the
gentleman from New Jersey (Mr. Pascrell), the gentleman from New Jersey
(Mr. Andrews), the gentleman from Maryland (Mr. Hoyer), and a whole
host of Members on our side of the aisle over here, the gentleman from
New York (Mr. Boehlert) and others, it was with a great deal of
enthusiasm that the chairman said he would work
[[Page H3377]]
with us, and that allows us to bring this amendment forward today.
Last November, Mr. Chairman, I spoke at the memorial service for our
fallen firefighters. We paid tribute to 111 brave Americans, most of
them volunteers, who paid the ultimate price in protecting America.
Each year in this country, we lose over 100 police officers, we lose
over 100 firefighters, paramedics, and EMTs. The difference in terms of
law enforcement support, and we spend about $3 billion to $4 billion a
year on local law enforcement at the Federal level, is that 85 percent
of our first responders in the fire community are volunteers. They get
paid nothing. They serve on behalf of these 32,000 departments while
doing their full-time job and then come home on weekends and at nights
and serve their communities. It is up to us to make sure they have the
proper equipment they need.
Now, Members need to understand there is a distinction between the
grant program running through the States and the grant program
increased by this amendment. The grant program that this amendment
increases is directly accessible to the fire departments. There are no
middle people. There is no bureaucracy. There is no overhead. They go
on line for 30 days once each year, and they apply directly. The grants
are actually reviewed by other firefighters. There is no politics. That
is why over 19,000 departments in this country have received one or
more grants that have benefited our local towns.
This money is not just for homeland security; it is to better equip
those departments who, back in 2000, we recognized need national help.
{time} 1400
The second part of this amendment provides additional funding to the
SAFER program, a program to encourage cities to hire more paid
firefighters, volunteer departments to come up with more creative ways
to encourage volunteers, and volunteer departments who may have to hire
a full-time driver or a full-time officer, to have some of that funding
available through this SAFER bill.
It is a significant increase when the program was appropriated to the
level of $65 million this fiscal year, to add another $25 million in
this amendment to that program.
Let me say just in closing, Mr. Chairman, that we are asking our fire
and EMS departments to do more. The recent round of base closings that
was announced on Thursday largely closes Guard and Reserve facilities.
That is going to put increased pressure for homeland security on those
32,000 fire departments. They are not going to be able to rely on those
local Guard and Reserve units, because their facilities are being shut
down, so it is all the more reason that this amendment makes sense. It
is good policy. It is good fiscal sense. It is paid for.
I commend all of the authors and everybody involved and especially
again I want to thank the chairman for his vision, for his foresight,
and for working with the ranking member to make this possible.
Mr. HOYER. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I want to join my friend, the gentleman from
Pennsylvania (Mr. Weldon) who has done such an extraordinary job in
raising the consciousness of the Congress and of the American people
with respect to the importance of our volunteer and paid fire fighting
community and our emergency medical response teams throughout this
country.
I also want to join my good friend, the gentleman from Minnesota (Mr.
Sabo), and I want to join the gentleman from Pennsylvania (Mr. Weldon)
in thanking the gentleman from Kentucky (Mr. Rogers) for his agreement
to move this forward and for helping us fashion this amendment.
I want to thank the gentleman from California (Mr. Lewis) as well,
the chairman of our full committee. Mr. Chairman, I would like to
express sincere appreciation to all of those involved, and I
particularly want to recognize my friend, the gentleman from New Jersey
(Mr. Pascrell) whose effort was extraordinary in the adoption of the
Fire Act, which provides for the basic grant program.
All of us were involved, but no one was more involved and more in the
leadership, and of course his bill was the basis for the establishment
of this. I would be remiss if I did not also reiterate how important
the Fire Service Caucus has been and Bill Webb, who is the Executive
Director of the foundation, and their focus on the issues that confront
us.
Mr. Chairman, this amendment provides much needed increases to both
the Fire Grant and SAFER programs, and moves us closer to fulfilling
our obligations to ensure that our Nation's firefighters have at their
disposal every resource possible to not only guarantee their own
safety, but also to allow them to better serve each of our communities.
The $25 million we add to each of these accounts brings the funding
in the bill to $650 million, $575 million for the Fire Grant program,
and $75 million for SAFER. The SAFER program deals with personnel, the
Fire Grant program is a broader application of moneys dealing both with
equipment, safety equipment, training and other matters.
This is $150 million above the level requested by the President and
is a reflection of Congress' commitment to ensuring that our fire
departments are properly staffed, trained and equipped. But these
amounts are still, Mr. Chairman, well below the authorized levels and
far from meeting the needs of the fire service.
The gentleman from Pennsylvania (Mr. Weldon) pointed out the fact
that the Base Closure Commission or the Pentagon has recommended to the
commission the closure of many Guard and Reserve units around the
country, and while first responders are critically important now they
will be even more so if this action is taken.
The Fire Grant program was established by Congress in 2000, as I said
through the leadership of the gentleman from New Jersey (Mr. Pascrell),
the gentleman from Pennsylvania (Mr. Weldon) and so many others, to
meet the basic equipment, training and fire fighting safety
requirements of America's fire service, and to bring all fire
departments to a baseline of readiness to respond to all hazards.
The Fire Grant program has been a tremendous success, providing more
than $3 billion for the infrared cameras, HAZMAT detection devices,
modern breathing apparatuses, improved training and physical fitness
programs, new turn-out gear, fire trucks and interoperable
communications systems, to name but a few of the items that have been
provided for by the Fire Act.
The simple fact is that the equipment and training provided by these
grants have saved the lives of firefighters and average citizens in
communities across America, and I am proud to play a role in this
program.
The SAFER Program authorized 2 years ago and funded for the first
time last year is a vital compliment to the Fire Grant program, because
insufficient staffing, defined by National Fire Protection Association
as fewer than four firefighters per apparatus, is a very real problem
for far too many of the Nation's career and volunteer fire departments.
Not only does that understaffing put at risk the firefighters but, as
I said, it puts at risk those whom the firefighters would save, whether
in a very serious automobile accident, in a fire, earthquake or other
natural disaster.
Responding with fewer than four firefighters per apparatus prevents
the first responder unit from complying with OSHA's two-in/two-out
standard for safe fire-ground operations and adds unnecessary risk to
the already dangerous job of fire suppression.
Mr. Chairman, the NFPA estimates that an additional 75,000
firefighters are required across the country and the additional funding
we provide today will move us a little closer to achieving that goal.
Mr. Chairman, I am in strong support of this legislation. I thank the
gentleman from Kentucky (Mr. Rogers), I thank the gentleman from
Minnesota (Mr. Sabo), and I thank the gentleman from New Jersey (Mr.
Pascrell) and all of those who have been involved in supporting these
two vital programs.
Mr. PASCRELL. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, first I would like to commend the gentleman from
Kentucky (Chairman Rogers) and the
[[Page H3378]]
ranking member, the gentleman from Minnesota (Mr. Sabo), for all of the
hard work that they have done in bringing this bill to the floor.
Homeland security is a new discipline for this body, and in a
relatively short amount of time the gentleman from Kentucky (Mr.
Rogers) and the gentleman from Minnesota (Mr. Sabo) have provided
expertise in the field.
I want to publicly acknowledge the gentleman from Pennsylvania (Mr.
Weldon) and the gentleman from Maryland (Mr. Hoyer) for the leadership
they have displayed, that leadership in enhancing our Nation's
security.
Mr. Chairman, this amendment is another example of their work to
increase our emergency preparedness and response capabilities, and I
ask all Members to support it. The challenges of our changed world
require us to ask more and more of America's firefighters. Yet, we all
know that many of their needs remain unmet. How can we expect our men
and women on the front lines to be a real force in the war on terror if
we do not deal with their most basic needs?
Like the fact that over 10,000 fire engines are at least 30 years
old, or that 27,000 fire stations in the country have no backup power,
or that two-fifths of all departments lack Internet access, or the fact
that the majority of portable radios firefighters use are not water
resistant; the list could go on.
But probably the biggest issue facing the fire service is a lack of
manpower. Currently two-thirds of all fire departments, Mr. Chairman,
two-thirds throughout America operate with inadequate staffing. And in
communities of at least 50,000 people, 38 percent of the firefighters
are regularly part of a response that is not sufficient to safely
respond to a structure fire because of a lack of staffing. This is
unconscionable.
This amendment helps to tackle those problems. It does provide the
dollars, as has been pointed out on this floor. It goes without saying
that both of these programs, the Fire Grant program, and the SAFER
program are of critical importance to our Nation's safety. Fire grants
provide funding directly to local fire departments.
In fact, we debated within committee whether or not the Homeland
Security Act should provide direct aid to municipalities rather than
going through the States, and I think we ought to revisit that subject
again and again because of the success of the Fire Act.
And the SAFER Act, which we were able to fund for the first time last
year, provides annual grants for the purpose of hiring, recruiting and
retaining career and volunteer firefighters. Congress has made great
strides, but still we need more. We need more. There is more to do.
Across this great country firefighters and fire departments
desperately require more folks on the front lines, more personnel,
functioning communications, radios and protective gear. There is a
reason for the Fire Grant program, that it had 20,300 applications
containing close to $3 billion in requested assistance from departments
across the country just in this one year.
These are basic needs we are talking about, and at the time the local
jurisdictions are facing tough budget decisions in departments, you
know, what are the state of our municipalities? All across this country
they are laying off firefighters. This amendment could not come at a
better time.
So I implore, we listen to the chairman and the ranking member, and
we do as we think we should do and pass this amendment. I want to thank
both of them for bringing to it the floor.
Mr. PRICE of North Carolina. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I want to add my word of support for the gentleman from
Minnesota (Mr. Sabo's) amendment and commend him for offering it, and
also thank the chairman of our subcommittee, the gentleman from
Kentucky (Mr. Rogers), for his cooperation in working out this
accommodation.
Several steps have led us to this point. The President's budget was
sorely deficient in the area of first responder funding. The President
proposed to cut the State Homeland Security block grants by 25 percent.
He proposed to cut the Department of Homeland Security firefighter
grants by 30 percent. He proposed to eliminate funding for the SAFER
program.
And then when you look at the Department of Justice, at the programs
that our law enforcement agencies depend on, the President proposed
even more massive cuts, a 95 percent cut in the COPS program and a 98
percent cut in the Justice Assistance grants.
We will, of course, not be able to deal with all of that here today.
We will hope that our colleagues on the subcommittee appropriating for
the Justice Department will attend to this and repair some of this
damage.
But today we can deal with the Homeland Security portion of the
President's budget. Our subcommittee already has made some improvements
in the bill brought to the floor today. The first responder funding was
brought to a 10 percent cut overall, which in terms of the President's
budget was a gain. State and local block grants in the bill before us
would be cut 11 percent, fire grants by 15 percent, the SAFER program
by 23 percent.
The gentleman from Minnesota (Mr. Sabo's) amendment takes that
progression further, and I commend him for it, because it is money that
our communities really need. For fire grant funding, half of the
committee's cut from the current fiscal year's level would be restored.
SAFER funding would actually be increased $10 million from the
current fiscal year. State block grant funding would be increased but
it would still fall $400 million short of the current year.
So we are not talking still about generous funding, funding that is
anywhere near as generous as it should be, but we are talking about an
improvement, and I hope that colleagues on both sides of the aisle will
readily agree to this amendment to the committee bill.
Mr. Chairman, all of us, I suspect, have visited and talked with
first responders in our districts. I hope and expect that we have
thanked them for what they do, because they serve our communities every
day. It is important, though, not just to stop with the lip service. It
is important to understand that what we are talking about with fire and
law enforcement and other first responders is an essential governmental
service in which the Federal Government is a crucial partner.
{time} 1415
Sometimes that partnership has been in danger of faltering. We have
got to make certain that that does not happen. So we need to do more
than say thank you. We need to do more than talk about hometown heroes.
We need to put our money where our rhetoric is. This bill is not all
that it should be, but with this amendment I believe we will go some
distance toward extending to these first responders the kind of support
they need. After all, they are being asked to do some new and demanding
things in this post-9/11 world. They need some new equipment. They need
new communication capacity. They need some new personnel and training.
So we are preparing to extend that assistance, without forgetting
that these first responders have been on the frontlines all along.
Traditional disasters, traditional emergencies have not gone away. In
fact, the need for a conventional capacity is as strong or stronger
than it ever was.
So let us resolve that we are not merely going to pay lip service to
these people on the frontline who defend our communities every day. Let
us resolve to strengthen the Federal partnership and provide the
Federal support that they need and deserve.
Support the Sabo amendment.
Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the requisite
number of words.
I opposed a similar amendment at the full committee level, but that
was due largely to the use of IAIP funds to offset this amount. That
would have stopped all construction and renovation of that growing
directorate.
We have been working with the gentleman from Minnesota (Mr. Sabo),
the ranking member, on this particular matter. We found a more suitable
offset. We have reduced other first responder grant programs in this
bill because of poor guidance and large
[[Page H3379]]
unspent balances. However, these grants do go directly to the fire
departments. There is no choke point issue involved with these funds,
and so I enthusiastically support the amendment on the floor and urge
its passage.
Mr. SABO. Mr. Chairman, will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Minnesota.
Mr. SABO. Mr. Chairman, let me just simply thank the chairman for his
support of the amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Sabo).
The amendment was agreed to.
Mr. COX. Mr. Chairman, I move to strike the last word, and I yield to
the gentleman from Kentucky (Mr. Rogers), chairman of the Subcommittee
on Homeland Security, for purposes of a colloquy.
Mr. ROGERS of Kentucky. Mr. Chairman, I thank the gentleman for
yielding.
I want to commend the gentleman for his efforts to work with our
subcommittee and the Committee on Appropriations, and I regret that the
process of coordination did not go more smoothly.
I should acknowledge that the gentleman has indeed only sought to
expose to points of order provisions or conditions that are genuinely
authorization provisions, not all provisions against which a point of
order would lie. Since the exposed provisions and conditions are, in
fact, authorizing provisions, I want to assure the gentleman that in
the conference negotiations on such provisions, I will follow the will
of the authorizing committee in advancing the House position; and the
conference report will, to the greatest extent possible, follow the
will of the authorizing committee.
Mr. COX. Mr. Chairman, I thank the gentleman, who has been a true
leader on homeland security, for his hard work on this bill and his
efforts to reach full agreement with the authorizing committee. I
regret the fact that rescheduling this bill to earlier in the week
deprived us of the time that would have enabled us to accommodate much
of these discussions in advance of reaching the floor. But I want to
thank the gentleman for his efforts to reach full agreement with the
authorizing committee.
Based on the understanding that the conferees will follow the will of
the authorizing committee in advancing the House position in the
conference negotiations and, to the greatest extent possible, follow
the will of the authorizing committee on the provisions and conditions
which are, in fact, authorizing, I will not insist on the points of
order exposed to objection under the rule that we just adopted today,
and I strongly urge my colleagues to do the same.
Amendment No. 14 Offered by Mr. Menendez
Mr. MENENDEZ. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 14 offered by Mr. Menendez:
Page 3, line 15, insert ``(decreased by $50,000,000)''
after ``$146,084,000''.
Page 26, line 23, insert ``(increased by $50,000,000)''
after ``$2,781,300,000''.
(Mr. MENENDEZ asked and was given permission to revise and extend his
remarks.)
Mr. MENENDEZ. Mr. Chairman, the attacks of September 11 made each of
us realize that terrorism had entered a whole new realm, one in which
our Nation's assets, infrastructure, and people could be attacked by
those meaning us harm. The district I have the honor of representing
contains a vast number of potential targets of terror, such as the
largest seaport on the east coast, one of the busiest airports in the
country, an area known as the ``chemical coastway,'' four major
chemical plants, and six tunnels and bridges that connect New Jersey to
New York City, and if that were not enough, an area in northern New
Jersey between Liberty Airport and Port Elizabeth commonly referred to
by the FBI and others as the most dangerous 2 miles in America.
The Menendez amendment seeks to address one of the most serious
security threats facing our Nation today, and that is the threat of
terrorist attacks on chemical plants and facilities.
According to data from the Environmental Protection Agency, there are
eight plants in New Jersey where a worst-case release of chemicals
could threaten more than 1 million people per attack, and a recent
article in the New York Times stated that a chemical plant in my
district that possesses chlorine gas poses a potentially lethal threat
to 12 million people who live within a 14-mile radius.
So this is obviously a very important matter for the district and
State that I come from, but let me make a point here that this is not
just simply a New Jersey issue. There are 15,000 chemical plants
nationwide, and that same EPA data that I just referenced shows that
123 of these could pose a threat to at least 1 million people each
time, if each one of those entities were attacked, if there were a
release; 123 times a million, 123 million Americans.
My amendment takes a first step by providing $50 million to State and
local governments in order to enhance the security of those chemical
plants. Funds might be used by State and local officials to prepare
plants to respond to and possibly even prevent attacks on these
facilities. This money could be used to equip and train our first
responders who would respond to such an attack. Such funds might be
used to provide assistance and guidance to the chemical plant officials
to implement best management practices that either improve security or
use less caustic chemicals, or perhaps this funding could be used to
increase law enforcement's presence in patrols around chemical plants.
These are just by way of description.
According to the threat level set by the Department of Homeland
Security, our local law enforcement agencies are then often asked to
provide additional security for these plants. I have heard from several
mayors and police chiefs about the serious financial burden those
additional patrols are costing their cities, and over time,
consequently, their ability to meet this challenge is really under
siege; and I am sure this is a problem for law enforcement agencies
across our country.
In New Jersey, some of these plants are surrounded by residential
communities and transportation corridors that make this issue even more
critical for us to secure. I believe if we look at that list of the
Environmental Protection Agency across the country we will find that is
often the case in other States in the Nation.
I strongly believe we must do what we can to protect our constituents
from a clear opportunity here in which millions could be affected by
what is otherwise a use of a facility for legitimate purposes.
This is not a new issue or one that is brand new for us. The Hart-
Rudman report mentioned chemical plant security. Going back to that
report, several of these plants are included on the national
infrastructure list. So we are well aware of the problem, and we need
to take steps to ensure security at these plants.
I very rarely come to the floor to offer amendments, but I feel
compelled when we know the nature of the risk and we know the nature of
the threat to do something about it.
This amendment is a modest first step. We do need to make these
facilities and our constituents living near them safer and more secure,
and I would just urge my colleagues to think about who among us would
be content with the counsels of patience and delay if they were living
within the radius of one of these chemical plants that could literally
cause the deaths of millions of people and we did absolutely nothing to
protect them.
In that context, I urge my colleagues to support the Menendez
amendment.
Mr. PALLONE. Mr. Chairman, I move to strike the last word.
I rise in support of the Menendez amendment, and I want to mention to
the gentleman that I know that he is also familiar with this issue,
being the ranking member on the subcommittee on the Committee on Energy
and Commerce that has jurisdiction over chemical security; and I would
hope that as time goes on that we could in our committee, in the
Committee on Energy and Commerce, and specifically in the gentleman's
subcommittee, have a hearing and address this issue in a more
comprehensive way because I do think it needs to be addressed.
In the meantime, I agree with the gentleman from New Jersey (Mr.
[[Page H3380]]
Menendez), my colleague, that we should provide additional funding in
this appropriations bill to have our State and local responders try to
address this issue in a significant way or at least provide some
funding so that they could.
As the gentleman from New Jersey (Mr. Menendez) mentioned, we have a
number of facilities in our own State of New Jersey where we know that
under this EPA report over 1 million people at each of those facilities
could be negatively impacted if there was a terrorist attack on a
chemical facility. He mentioned at least eight.
In fact, in a hearing just last week in the United States Senate, Mr.
Robert Falkenroth, who was a former Bush official with the Homeland
Security Department, actually said before the United States Senate that
his biggest fear in terms of another terrorist attack would be an
attack on a chemical facility. He knows and we know and the Department
of Homeland Security knows that this is the one area in the aftermath
of 9/11 that has not been addressed.
We have talked about attacking a nuclear plant. We have talked about
attacks on port facilities. We have talked about attacks at airports.
In every case, there has been an effort by this body to address a
terrorist attack and to deal with security issues at those various
facilities, but not so in the case of chemical plants. For whatever
reason, we have said to the industry that you are on your own; you
voluntarily set your own standards. We have not taken action in the
House of Representatives or in the Senate to address the issue, and I
think that is a shame.
There have been various occasions in the past, most notably in the
case of Bhopal, many of my colleagues just remember we just had the
20th anniversary of the Bhopal disaster. In the case there, Union
Carbide owned a plant. It was not a terrorist attack, but the result
there was over 20,000 people killed. That was not because of a
terrorist attack. That was because of neglect or negligence on the part
of Union Carbide. It had nothing to do with a terrorist attack, but the
devastation at Bhopal, not the 20,000 that were killed but the hundreds
of thousands in the aftermath of that crisis 20 years later, are still
suffering, have not received medical attention, the impact on their
children and the disorders that they are now seeing with their
children, I mean, this is the type of thing that needs to be addressed,
and it is not being addressed here.
I think my understanding is that the gentleman from New Jersey's (Mr.
Menendez) amendment would shift $50 million to State and local programs
to try to get them to address this issue.
{time} 1430
Now, I think we need a comprehensive program. Senator Corzine and
myself have introduced the Chemical Security Act, myself here in the
House, he in the Senate, which basically establishes a nationwide
program that would require that chemical plants provide for security.
But absent that, because we have not had that, we have not even had a
hearing on it in this House, we need our local responders and our State
responders, the way my colleague, the gentleman from New Jersey (Mr.
Menendez), has described, to have some money so they can go out and do
some things to try to shore up this problem and deal with this problem.
So I just want to say again that this is something we should do. It
has been neglected here in the House. Hopefully, we will pass the
Menendez amendment. Hopefully, we will have a hearing in our
subcommittee, Mr. Chairman, and we can begin the process with this
amendment of addressing this very important issue not only for the
State of New Jersey but for the Nation as a whole.
Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the
amendment.
Mr. Chairman, I fully sympathize with the concerns the gentleman from
New Jersey has brought up, and the other gentleman has, about the issue
of safety at chemical plants. We have 77,000 of them in the country and
17,000 of those deal with hazardous materials. So it is a big exposure
that we have.
However, I have to respectfully urge the defeat of this amendment for
two or three reasons. One, we have included $50 million in the bill
just for critical infrastructure protection, including chemical plants,
already. I know the gentleman will be pleased to hear that we do have
that amount of money in there: the amount he is requesting is already
in the bill.
Number two, we put in some very strong report language directing the
Department to continue and complete the vulnerability assessments of
all critical chemical facilities in the country. We have already
reduced the State and Urban Area grant programs in this bill because of
poor guidance, but mainly because they have still got $6.8 billion that
we have appropriated since 2002 in the pipeline. They have only spent
30 percent of all we have appropriated. They have $6.8 billion left in
the Office of Domestic Policy, which makes these grants. So there is
plenty of money there. There is no point of putting more, until they
draw down on what they already have.
Number three, I have a problem with where the gentleman is taking the
money from. We have already hit the Under Secretary for Management's
Office big time in this bill already. We have taken $26 million today,
and this is the place where the important work of the Department needs
to take place. If you take this $50 million from the Under Secretary of
Management, it could only come from one place without impacting
personnel; that is to say, lay off people, and that is the Human
Resource System of the Department.
A $50 million reduction in that system would halt implementation of
that human resource system program in its tracks. We would be unable to
fund the ``pay pool,'' which would prevent the initial conversion of
employees from the General Schedule to the new market-based pay bands
and the pay-for-performance programs.
We would also be unable to provide competent program management and
evaluation. It would delay the establishment of the Department's Labor
Relations Board, as required by the final regulations. We would not be
able to access knowledgeable outside experts that understand industry
best practices in compensation design sets.
We would be unable to fund the training of managers, supervisors, and
employees, and that lack of training would also have profound impacts
on the credibility of the program with the employee base and their
representatives.
So, Mr. Chairman, I reluctantly oppose the amendment, sympathizing
with the gentleman's sentiments. But I think we have plenty of money
there now, and I do not want to see us hurt the human resource system
that is being put in place even as we speak. So I urge the defeat of
the amendment.
Mr. SABO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, the reason I move to strike the last word rather than
speaking directly to the amendment is because I have mixed emotions. I
think the problem the gentleman from New Jersey presents to us is one
of the most important and most profound ones we face in the whole
question of homeland security.
His amendment bothers me for two reasons: One, I think there are real
problems where the money is coming from; and, secondly, I am concerned
that we are transferring this problem from the Federal Government to
the State governments. Because dealing with chemical security and the
security of chemical plants is truly a national problem and not one
that should be the ultimate problem of State governments.
The Department, in my judgment, has been incredibly slow in dealing
with the problem. The Congress has been slow in dealing with the
problem. A year ago we provided $3 million to the Department for a
study on whether they should require vulnerability assessments and
security plans from the chemical plants. The study has not occurred. We
do have language in this bill that urges them to do more in the next
year. I hope they listen to that more than what they did to the
provision of $3 million last year.
But I would suggest to my friend from New Jersey that the format that
we should be following is really what we did in the Maritime
Transportation Security Act as it relates to ports. What we required in
that bill was for ports to do vulnerability assessments and produce
security plans themselves,
[[Page H3381]]
and that is what the major chemical plants in this country should be
doing. We should not be assessing them, they should be developing their
own vulnerability assessments and security plans. And then, as in the
Maritime Security Act, where the Coast Guard assesses the plans, that
is what we should be doing with chemical plants.
The bulk of the responsibility for implementing those security plans
should be with the chemical companies, not with the State. It should
not be with the Federal Government, in my judgment, let alone with the
States. And I am concerned that we are putting up the assumption that
this is now becoming a responsibility we are delegating from the
Federal Government to the States.
So the gentleman is absolutely right. This is one of the biggest
vulnerabilities that we have. The Department has not been paying
attention to it. The Congress has not been willing to deal with the
issue of whether this is something we want simply the Federal
Government to do or whether we should be requiring the chemical plants,
at least the major ones, to have the vulnerability assessments and the
security plans and then they submit them to the Department for their
evaluation. From there, we can move as to how you remedy the security
plans and how you make judgment on the funding you need for local
people who might have to respond to an emergency.
So I have mixed emotions about this amendment. I have problems with
their premise with the offset and the basic delegation to the States,
but the amendment raises, I think, one of the most crucial problems we
face in homeland security. And to the other gentleman from New Jersey,
who talked about a comprehensive bill he was introducing, I think that
is the direction we should be going.
Mr. MEEKS of New York. Mr. Chairman, I move to strike the requisite
number of words.
Mr. MENENDEZ. Mr. Chairman, will the gentleman yield?
Mr. MEEKS of New York. I yield to the gentleman from New Jersey.
Mr. MENENDEZ. Mr. Chairman, I thank the gentleman from New York for
yielding to me, and I want to thank both the chairman and the ranking
member on their thoughtful observations about this issue.
I understand the constraints under which they are working. I am not
unmindful of that, which is why I rarely come to the floor on
amendments because I understand that all of us could devise a different
bill but you are given the responsibility collectively for us. But I
would just need to make some comments in observation of what has been
said.
Number one is the government's responsibility to protect its own
people is not delegable to anyone, the private sector or any other
entity outside of the government itself. We might want to place
responsibilities, and I agree that there are responsibilities that
should be placed upon certain legitimate corporate responsibilities,
that should be placed upon people who operate in a society and who have
a hazardous element to their operation and need to operate in a way and
to protect their facilities in such a way that protects the greater
good, but ultimately, ultimately the defense of the people is not
delegable to any other entity.
The second point is that when I hear the chairman talk about the $50
million placed in critical infrastructure, I do appreciate that, but
that is all critical infrastructure. That is nuclear power plants, that
is electric grids, that is everything you can think of that we would
develop under the rubric of critical infrastructure. And in that
context, while understanding the limitations, it is a relatively small
amount when you think about protecting all of the Nation's critical
infrastructure.
I do not know, as has been pointed out by law enforcement, as has
been pointed out by the Environmental Protection Agency, that this
critical infrastructure that we talk about in terms of chemical plants
does not come to a higher level, because ultimately the potential
attack and emissions and the plumes that come from it can kill
literally millions and millions of people. And that, in other respects,
I think heightens it among the critical infrastructure that exists.
I understand that people are concerned about the management office,
although I will note that that is where we just took money for another
critical issue. But if you ask the American people between management
and protecting the chemical coastways that are along and throughout the
landscape of this country, I think they will tell you I would like to
see the chemical coastways protected.
Even if we ultimately ask the private sector, those who operate these
chemical plants, to have greater responsibilities, which I concur with,
at the end of the day it will be police and firefighters who will
respond to an attack. At the end of the day it will be a State
policeman who will have to respond. These routes are public in nature.
If you run along the New Jersey Turnpike, you can easily have access to
that New York Times article and that chlorine plant.
So from a public road, an entity which the private sector would have
no responsibility for, an attack could be levied. So, therefore, there
are going to be resources necessary for the governmental entities, even
with a heightened corporate responsibility, to perform. And that is my
concern.
We have had Hart-Rudman talk about chemical plants, we have talked
about it in the 9/11 Commission Report, and yet we are nowhere nearer
to creating any private responsibility nor are we responding in a
public context. Hence, that is my concern, and that is why I offer the
amendment.
Mr. PALLONE. Mr. Chairman, will the gentleman yield?
Mr. MEEKS of New York. I yield to the gentleman from New Jersey.
Mr. PALLONE. Mr. Chairman, let me reiterate, or support again what my
colleague, the gentleman from New Jersey (Mr. Menendez), said. And I
appreciate the comments from our ranking member, but the problem is
that the House has not been willing to take up, even in our
subcommittee, this issue. In other words, it would be great if we had
the opportunity to bring up a bill, I have mentioned the Chemical
Security Act, that would actually mandate that companies do in fact
come up with their own assessment plans to respond in the event of a
terrorist attack. I agree that would be a great thing. But, again, we
are not moving in that direction. We have not even had a hearing in our
subcommittee on this issue.
Absent that, what we need is some money going back to the States.
Because under the Menendez amendment, if money was going back to the
States specifically for a chemical security response, then a State like
our own of New Jersey would be able to take that funding and basically
do some of the things that we would like the Federal Government to do
that they are not doing.
So this would accomplish that goal at least for those States that
want to take the initiative; that they would have some money for their
State and local programs to make the chemical companies respond and do
something about this threat. The problem now, as our ranking member
said, this is not happening. It is strictly left up to the voluntary
efforts of the chemical plants, and that is not a good response.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Menendez).
The CHAIRMAN. The question was taken; and the Chairman announced that
the noes appeared to have it.
Mr. MENENDEZ. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from New Jersey (Mr.
Menendez) will be postponed.
{time} 1445
Mr. McCAUL of Texas. Mr. Chairman, I rise to strike the last word.
I rise in strong support of this important bill and for the purpose
of engaging in a colloquy with the gentleman from Kentucky (Mr.
Rogers), the chairman of the Committee on Appropriations Subcommittee
on Homeland Security.
Since the tragic events of 9/11 and the subsequent creation of the
Department of Homeland Security, there has been a dramatic increase in
the number of undocumented aliens apprehended at our borders. And last
year alone, approximately 1.2 million people were apprehended at our
southwest border. It is
[[Page H3382]]
conservatively estimated by border patrol that three undocumented
aliens get past our borders for every one that is caught. It is
estimated also that the number of non-Mexican illegal immigrants, also
known as OTMs, entering our country has increased tremendously in some
border patrol sectors by 300 percent this year.
This group, often not on any watch lists and usually lacking
legitimate documentation, should cause us all great concern. Despite
the risk these persons present, the problem has grown because courts
will not impose detection and because the Department of Homeland
Security lacks adequate detention space.
As a former counterterrorism prosecutor in the Justice Department
whose jurisdiction included the Mexican border, I know firsthand the
threat this poses to our national security. When the border patrol
catches individuals who do not fall in the category of mandatory
detainees, they often have no choice but to release them on their own
recognizance with a notice to appear at an immigration hearing, only to
disappear later. It is commonly derided by law enforcement as the
``catch-and-release program.'' This is exactly how Ramzi Yousef, the al
Qaeda perpetrator of the 1993 World Trade Center bombings entered this
country.
This is why I, along with the support of 44 of my colleagues on both
sides of the aisle, signed a letter to the Committee on Appropriations
asking for full funding of the 2000 border patrol, 800 interior
investigators and most importantly, 8,000 detention beds recommended by
the 9/11 Commission and authorized by the Intelligence Reform Act.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. McCAUL of Texas. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, the gentleman from Texas is
absolutely correct. There is a definite problem with our system that we
hope to correct.
The bill before us provides $690 million, $90 million more than DHS
asked, for an additional 1,920 detention bed spaces; and that combined
with what we provided in the supplemental appropriations bill last week
will add a total of 3,870 new beds over the current level. In addition,
the bill provides $43 million for alternatives to detention, tripling
last year's level and $10 million more than DHS requested. That will go
further to attack the problem of the so-called OTMs who abuse our
immigration policies and leave a gaping hole in the integrity of the
borders.
I am convinced that the so-called catch-and-release practice signals
that our current system is in need of significant reform. This bill is
intended to make an effort in that respect.
Mr. McCAUL of Texas. The Chairman has worked hard to produce a bill
that will fund additional border security enforcement and detention
space within budgetary limitations and supports expanding the use of
alternatives to detention as a way of compensating for the shortage of
bed space and smart solutions to the bigger problem of coping with the
numbers of illegal aliens crossing into our country.
I will continue to work with the chairman and the Committee on the
Budget to ensure that in the future detention beds authorized by
Congress are fully funded.
I thank the chairman, and I commend the gentleman for taking the time
to hear the concerns of our border communities and for responding so
readily. All of the items provided for in this bill will help keep
criminals and terrorists from crossing into the United States and, when
they do, ensure that they are detained and removed from our country.
In the post-9/11 world, this is not just an issue related to
immigration; it is one of national security.
Mr. SIMMONS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to thank the gentleman from Kentucky
(Chairman Rogers) of the Subcommittee on Homeland Security for entering
into this colloquy regarding a very important issue.
As was the case last year, the administration's budget for fiscal
year 2006 proposes to transfer funding for the Coast Guard's research
and development program to the Department of Homeland Security Science
and Technology Directorate. The Department has justified this proposal
by suggesting that such a transfer would reduce duplicative programs
within the Department and would increase cooperation between agencies.
Now, if the Coast Guard R&D program consisted purely of research
related to homeland security, I might be able to understand such a
transfer. However, Coast Guard R&D supports research and investigations
into methods and procedures to improve the service's ability to carry
out many of its traditional missions.
At this time, I would ask the chairman if it is his understanding
that the Coast Guard's research, development, test and evaluation
program will continue to sponsor research to support the service's
traditional missions.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. SIMMONS. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, yes, I agree that the program
should focus on both the traditional and homeland security missions of
the Coast Guard.
Mr. SIMMONS. Mr. Chairman, I thank the gentleman for his willingness
to address this important issue.
When the Coast Guard was transferred to the Department of Homeland
Security, this Congress ensured that the service's unique multi-mission
character would be retained. We must maintain the Coast Guard's ability
to carry out its many missions, including search and rescue, illegal
drug and migrant interdiction, fisheries law enforcement, and
protecting the maritime security.
Tomorrow, the Committee on Transportation and Infrastructure will
mark up H.R. 889, the Coast Guard and Maritime Transportation Act of
2005, which authorizes funding for the Coast Guard's R&D program within
the Coast Guard budget.
So I ask the chairman if he will work with me and my colleagues to
find a solution to ensure that the Coast Guard retains control over the
direction of this funding.
Mr. ROGERS of Kentucky. Mr. Chairman, if the gentleman will continue
to yield, I recognize the gentleman's concerns. We will work with him
on this subject if the authorization bill retains R&D funding within
the Coast Guard for fiscal year 2006.
Mr. SIMMONS. Mr. Chairman, I thank the gentleman for his willingness
to work with me on this matter. I am satisfied we will be able to work
this out.
Mr. Chairman, I include for the Record statements by the chairman of
the Committee on Transportation and the Infrastructure, the gentleman
from Alaska (Mr. Young); and the chairman of the Subcommittee on the
Coast Guard, the gentleman from New Jersey (Mr. LoBiondo), in support
of this issue.
Mr. YOUNG of Alaska. Mr. Chairman, I rise in strong support of the
Simmons-LoBiondo amendment, and I thank my friend from Connecticut for
bringing this important amendment to the floor.
This amendment will maintain the integrity of the Coast Guard as a
distinct entity within the Department of Homeland Security.
Section 888 of the Homeland Security Act states that the Coast Guard
shall be maintained intact with all of the Service's authorities,
functions, and capabilities.
The Coast Guard's research and development program has in the past
concentrated on the development of strategies and resources aimed to
improve the Service's ability to perform all of its traditional and
homeland security missions.
The Coast Guard's traditional missions include search and rescue,
drug and migrant interdiction, marine environmental protection, ice
operations and aids to navigation.
It is imperative that we maintain the Coast Guard's ability to
perform these important traditional missions in addition to the
Service's homeland security mission.
Just this year, we have seen the importance of the Coast Guard's oil
spill response and prevention program.
I am extremely concerned that the transfer of research and
development funds to the Department will forever change the Coast
Guard's abilities to balance its resources and personnel to carry out
its many and varied missions.
We must protect the multi-mission nature of the Coast Guard.
We should provide funding for Coast Guard research, development, test
and evaluation directly to the Service in the same manner that we
provide all other Coast Guard funds.
[[Page H3383]]
This is what the law demands and this is the right thing to do.
I urge my fellow members to support the Simmons-LoBiondo amendment.
Mr. LoBIONDO. Mr. Chairman, I rise in strong support of the amendment
offered by the gentleman from Connecticut.
As my colleague explained, this amendment will restore the Coast
Guard's research and development funding to the Service's budget. The
removal of this funding from the Coast Guard's direct control will
constrict the Service's ability to direct funding to research programs
to support both the Coast Guard's traditional and homeland security
missions.
Mr. Chairman, this is the second year that the Administration has
proposed to transfer this funding to the Department of Homeland
Security's Science and Technology Directorate. The Administration has
reasoned that the consolidation of research programs within the
Department will reduce redundancies and maximize resources available
for the entire Department. However, this reasoning does not take into
account the strong focus of the Coast Guard's research program to
improve the Service's capabilities to carry out its traditional
missions of search and rescue, providing aids to navigation, oil spill
response and prevention, and illegal drug and migrant interdiction.
Last year, the Coast Guard identified several key areas of
concentration for its research and development programs that focused on
enhancement to the Coast Guard's maritime safety, maritime mobility,
marine environmental protection, and maritime domain awareness
programs. I cannot help but be very skeptical that the Coast Guard's
research and development program will continue to support such a broad
scope of investigations under a DHS program that is wholly devoted to
improving homeland security.
The Coast Guard has always been and has continued to be a unique,
multi-mission Service within the Federal government. As such, Congress
required the Coast Guard to remain an independent entity within the
Department of Homeland Security with complete control over all of the
Service's functions, authorities, and assets. Any changes to the Coast
Guard's research and development program will restrict the Service's
ability to improve methods to protect the safety and security of lives
and vessels in U.S. waters and on the high seas.
I urge my colleagues to support this amendment and to maintain the
integrity of the Coast Guard by restoring funding for the Service's
research and development program. I thank the gentleman from
Connecticut again for bringing forth this amendment.
Mr. KENNEDY of Minnesota. Mr. Chairman, I rise to strike the last
word.
Mr. Chairman, I applaud the great work the chairman and the ranking
member are doing on this bill, but also wish to express my deep
concerns and ask for a colloquy with the chairman.
We are not paying enough attention to the northern border of the
United States. Unless they represent the border States like Minnesota,
some Members may not realize that the U.S.-Canada border is over 4,000
miles long and consists of over 430 official and unofficial ports of
entry. However, even with recent staffing moves, moves that I commend,
the Customs and Border Patrol has only 1,000 agents along the northern
border. That compares to over 10,000 agents on the border which is half
the length of the U.S.-Canada border.
This staffing shortage along the northern border poses a real
security threat. In fact, due to the shortage, the Department of
Homeland Security has looked for new ways to monitor the Canadian
border, such as a new proposed requirement for passports to get back
and forth across the border. Unfortunately, anyone who has spent time
up north knows this will not accomplish much to deter or prevent
illegal activities or to secure the border.
Simply put, the Canadian border is just too vast for such an approach
to work with many unmanned check points in remote areas. I know from
personal stories that at some of these unmanned crossings, people have
to wait an hour or more before a border patrol agent can come to lift
up the gate so they can cross.
Mr. Chairman, we do not expect al Qaeda and narcotics traffickers to
wait an hour for the border patrol to show up at the check point. We
have already recognized in numerous laws that high-tech border
surveillance must be integrated into the manpower and resources we have
up there to get real control over our borders.
In the prior year's Defense Authorization Act, in the prior year's
Homeland Security Appropriations Act, and in this year's Intelligence
Reform Act, Congress recognized the need to develop high-tech border
surveillance. However, what little progress the Department of Homeland
Security has made on this front has been entirely confined to the
southern border even with the $10 million appropriated in this bill
last year. Mr. Chairman, this is unacceptable. We simply are not paying
enough attention to the northern border.
Some think the southern border is more dangerous, but I remind my
colleagues that terrorists will attack us through the path of least
resistance. I believe it is critical that the funds allocated to the
Customs and Border Patrol accounts used to pay much-needed research and
survey technology, including unmanned aerial vehicles, be not solely
devoted to the southern border but also to the northern border to
stretch the resources our Custom and Border Patrol manpower has.
Mr. Chairman, I ask that the gentleman from Kentucky work with me to
ensure that there is sufficient resources in the bill and in the
conference report to address these issues and that it be applied not
just to the southern border but to the northern border as well.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. KENNEDY of Minnesota. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, I thank the gentleman for
bringing up this important subject. The gentleman makes an extremely
important point, and that is we have two borders, the southwest and the
Canadian border.
Over the years, I have to agree, we have neglected the northern
border. So I join the gentleman in his sentiments that we find the
monies, or be sure that the monies we have appropriated are spent on
both borders. I thank the gentleman for bringing up that very important
point.
Mr. KENNEDY of Minnesota. Mr. Chairman, I thank the gentleman for
that commitment and look forward to working with him on this through
the conference report.
Mr. SABO. Mr. Chairman, will the gentleman yield?
Mr. KENNEDY of Minnesota. I yield to the gentleman from Minnesota.
Mr. SABO. Mr. Chairman, in the supplemental bill that we just passed,
there was $36 million that had been appropriated for the northern
border which the Department was not spending, and with the cooperation
of the chairman, we inserted specific language telling the Department
to spend the $36 million on the northern border.
Mr. KENNEDY of Minnesota. Mr. Chairman, I thank the ranking member
for his commitment on this issue and look forward to working on this
supplemental and other issues to ensure that the northern border
remains secure.
The CHAIRMAN. The Committee will rise informally.
The SPEAKER pro tempore (Mr. King of Iowa) assumed the Chair.
____________________