[Congressional Record Volume 152, Number 67 (Thursday, May 25, 2006)]
[House]
[Pages H3311-H3329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page H3311]]

House of Representatives

  DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007--Continued
                              {time}  1800

  When first responders cannot communicate with one another lives are 
lost, including theirs.
  We need this additional $10.3 million so that it can be properly 
staffed to address a critical homeland security function: the ability 
for our first responders to communicate in real time, when needed and 
when authorized.
  The offset from this will come from the $10.3 million reduction to 
the Transportation Security Administration Aviation Security account. I 
support TSA, but we do not need more money to contract out for private 
screeners. We do not accept this, on either side of the aisle.
  So let us build on the success of SAFECOM. It is time for Congress to 
act and help the State and local emergency management personnel to do 
their job preparing our Nation and to ensure that our first responders 
have all the support that they need.
  The amendment is supported again, Mr. Chairman, I cannot emphasize 
this enough, by the National Emergency Management Association and the 
International Association of Emergency Managers. They were just here a 
short time ago in Washington.
  Again, I will end with an appeal to both the chair and the ranking 
member who have been most courteous today in our going through the 
tedious task of going through this.
                                                National Emergency


                                       Management Association,

                                                     May 25, 2006.
     Hon. Bill Pascrell,
     Ranking Member, House Homeland Security Subcommittee on 
         Emergency Preparedness, Science, and Technology, House of 
         Representatives, Washington, DC.
       Dear Ranking Member Pascrell: On behalf of the National 
     Emergency Management Association (NEMA), I would like to 
     thank you for your efforts to enhance preparedness of state 
     and local emergency management through your amendment to the 
     FY 2007 Homeland Security Appropriations Bill (H.R. 5441) to 
     add an additional $40 million to the Emergency Management 
     Performance Grants (EMPG) program. We strongly support this 
     amendment as the increase would enable state and local 
     emergency management to address additional federal 
     requirements such as updating and adopting plans for the 
     National Response Plan and the National Incident Management 
     System, conducting training on these plans and systems, and 
     addressing the requirements of the National Preparedness 
     Goal.
       The most important and critical component for strengthening 
     our national preparedness and response to disasters is 
     federal funding. After modest increases, EMPG's growth rate 
     has not kept pace with inflation or increased federal 
     requirements. This year, of all years, the Administration is 
     proposing to cut EMPG by $13.1 million, despite the $260 
     million shortfall identified by NEMA in a 2004 study. While 
     last week the House of Representatives proposed to address 
     this year's EMPG funds with a $3 million increase over the FY 
     2006 level, significant resources must be allocated to this 
     vital program to ensure our nation's preparedness levels. 
     NEMA is appreciative of Congress's recognition of the EMPG 
     program, but this year we respectfully ask that Congress 
     aggressively address the program's shortfalls. This amendment 
     builds on this essential need and makes a significant down-
     payment to address the shortfall.
       EMPG is the only source of funding to assist state and 
     local governments with planning and preparedness/readiness 
     activities associated with natural disasters. EMPG is the 
     backbone of the nation's all-hazards emergency management 
     system and the only source of direct federal funding to state 
     and local governments for emergency management capacity 
     building. EMPG is used for personnel, planning, training, and 
     exercises at both the state and local levels. EMPG is 
     primarily used to support state and local emergency 
     management personnel who are responsible for writing plans, 
     conducting training, exercises and corrective action, 
     educating the public on disaster readiness and maintaining 
     the nation's emergency response system. EMPG is being used to 
     help states create and update plans for receiving and 
     distribution plans for commodities and ice after a disaster, 
     debris removal plans, and plans for receiving or evacuating 
     people--all of these critical issues identified in the 
     aftermath of Hurricane Katrina.
       EMPG is the only program in the Preparedness account within 
     the Department of Homeland Security that requires a match at 
     the state and local level. The match is evidence of the 
     commitment by state and local governments to address the 
     urgent need for all-hazards emergency planning, to include 
     terrorism. EMPG requires a match of 50 percent from the state 
     or local governments.
       We appreciate your efforts to ensure adequate support for 
     emergency management and look forward to continuing to work 
     with you.
           Sincerely,

                                            Bruce P. Baughman,

                                   President and Director, Alabama
     Emergency Management Agency.
                                  ____

                                         International Association


                                        of Emergency Managers,

                                                     May 25, 2006.
     Hon. Bill Pascrell, Jr.,
     House of Representatives,
     Washington, DC.
       Dear Mr. Pascrell: I've recently been informed of your 
     amendment to H.R. 5441 which would increase the appropriation 
     for the Emergency Management Performance Grant (EMPG) by an 
     additional $40 million beyond the current mark-up of $186 
     million. The International Association of Emergency Managers 
     (IAEM) is certainly in favor of any measure that would 
     increase funding for this critically important program. As I 
     stated in recent written testimony to the Appropriations 
     Committee, we believe it is the single most effective use of 
     federal funds in providing emergency management capacity to 
     state and local governments. No other source of homeland 
     security funding is based on a consensus building process 
     determining outcomes and specific deliverables backstopped by 
     a quarterly accountability process.
       This program provides funding for the emergency managers 
     who perform the role of the ``honest broker'' at the state 
     and local level and who establish the emergency management 
     framework for preparedness, response, recovery and 
     mitigation. EMPG funding provides the people who are legally 
     responsible for creating a ``culture of preparedness'' at the 
     state and local level.
       EMPG funding has assumed a greater importance in light of 
     recent catastrophic events and the responses to those events. 
     For

[[Page H3312]]

     example, the President and the Department of Homeland 
     Security (DHS) have tasked state and local government 
     emergency managers with the responsibility to review their 
     Emergency Operations Plans regarding the issue of evacuation. 
     EMPG supports the people who have had the added 
     responsibility of administering homeland security funding 
     programs and additional planning efforts since 2001. Without 
     more funding and people we can't reach the level of 
     preparedness our nation deserves and our citizens demand. 
     Your recognition of this need and your willingness to propose 
     additional funding are supported and deeply appreciated.
           Sincerely,
                                           Michael D. Selves, CEM,
                                             First Vice President.

  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition.
  The amendment would increase funding for the emergency management 
performance grants by $40 million and $10.3 million for SAFECOM, and 
the offset would be, guess what, the poor old Under Secretary for 
Management. We have tried to dip into that well today 15 times, and 
every time we have said no because it would stop the Department's 
operations.
  The committee already has in the bill $186 million for these grants. 
That is $16 million more than the President asked of us, and it is $2.8 
million more than what we have in it right now.
  So, you know, we have done well by this grant program. I cannot 
imagine somebody complaining about it.
  Then you are taking the money out of the Under Secretary for 
Management, and that would either zero out or substantially decrease 
funding for absolutely critical programs that are designed to bring 
these 22 agencies into a single program, and so I would strongly oppose 
this amendment.
  Mrs. LOWEY. Mr. Chairman, I move to strike the requisite number of 
words.
  I rise in strong support of this amendment which would provide much-
needed funding for interoperability.
  Amazingly, we have made so little progress in solving the 
communications problems that plagued first responders on September 11 
and in every other emergency in the last 15 years. SAFECOM, which has 
been tasked as the lead Federal agency for first responder 
communication issues, has only five employees and less than 1/100th of 
1 percent of the Department of Homeland Security budget.
  Due to its lack of resources, SAFECOM is just not meeting its 
objective. It has not adopted a single equipment standard. There is no 
long-term strategy to solve the interoperability problem. We are not 
prepared to effectively respond to any emergency unless our first 
responders on the ground are able to communicate with one another.
  I ask my colleagues to let us move this amendment, let us support 
this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Pascrell).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. PASCRELL. 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 will be 
postponed.


                    Amendment Offered by Mr. Markey

  Mr. MARKEY. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Markey:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $14.7 million)''.
       Page 28, line 23, after the dollar amount, insert the 
     following: ``(increased by $14.7 million)''.
       Page 31, line 1, after the dollar amount insert: 
     ``(increased by $14.7 million)''.

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman reserves a point of order.
  Mr. MARKEY. Mr. Chairman, I hope everyone who has been watching this 
debate appreciates this free, online parliamentary lesson that we are 
conducting out here on the floor. My amendment has been redrafted in a 
way, working with the Parliamentarians, which I think is now completely 
in conformance with the rules of the House.
  But what I have decided to do during the time that we have been 
actually working on the parliamentary questions is to change the 
amendment by reducing the amount that I am going to ask to be 
transferred over to the metropolitan medical response systems in the 
country. That decision rested upon kind of a suggestion that I take the 
money that we really need out of the Max HR program, this program which 
the unions of America are in opposition to, the National Treasury 
Employees Union, the American Federation of Government Employees. We 
have the Fire Chiefs of the United States who have endorsed my 
amendment.
  Just to restate for those who were not listening earlier, the point 
of this is that we have learned a lot since this time last year when we 
were appropriating the last time; $30 million was inserted. And I want 
to congratulate the gentleman from Kentucky and the gentleman from 
Minnesota.
  Again, the White House recommended no money. But we all know the 
critical role which the local police, the local fire, the local medical 
personnel are going to play in the event that, God forbid, there is 
ever a catastrophic event in a community.
  We have also learned from this time last year of the inadequacy of 
local preparedness. Hurricane Katrina showed us how locally unprepared 
we are in our community. The Avian flu has only appeared as a major 
pandemic threat to our country since this time last year. We did not 
have that as part of our discussion.
  What have we heard from the local level? We have heard that there is 
no capacity for just about any community in America to respond to the 
level of catastrophe that a terrorist attack, nuclear, biological or 
chemical; a hurricane of a magnitude of a three or higher; or an avian 
flu type of pandemic would present to a community.
  So here in this amendment, what I am doing is increasing by $14.7 
million the funding that will go out to these 125 largest of all 
metropolitan areas in the United States, so that at the State level and 
local level they can coordinate with the Federal Government and their 
police, fire and medical resources, so that there is a strategy to 
respond in the event of one of those catastrophes.
  The money, again, will be coming out of the Max HR program. It is one 
that has already been tapped in this process. It is one that deals with 
the program which has come under assault from the unions of our country 
as being an assault upon their workplace.
  So to the Members, I urge them to support this amendment. It will 
provide for those local heroes the help that they are going to need, 
the reinforcements that they are going to need in the event, and we 
know that no one community has an inevitable catastrophe, but we know 
that across the country, in any one year, it is inevitable that someone 
will be hit. This is a way of giving us that extra insurance policy so 
that the planning can be in place.
  I urge an ``aye'' vote on the Markey amendment.
  The CHAIRMAN. Does the gentleman wish to be heard on his point of 
order?
  Mr. ROGERS of Kentucky. No, Mr. Chairman, I withdraw the reservation.
  The CHAIRMAN. The gentleman withdraws his reservation.
  Mr. ROGERS of Kentucky. Mr. Chairman, I am opposed to this amendment.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. ROGERS of Kentucky. Mr. Chairman, the gentleman, as I understand 
his amendment, would take $14.7 million out of the Office of the Under 
Secretary for Management and provide that money to the metropolitan 
medical response teams.
  Mr. Chairman, we have already provided $30 million in the bill for 
these teams. The budget request that came to us asked for zero, and the 
subcommittee and the committee decided these were worthwhile programs, 
doing great work, and we provided $30 million in the bill that we had 
to find from somewhere else.
  Now, Mr. Markey wants to take another slug of money from the Office 
of the Under Secretary for Management. The poor guy's out of money. 
With the amendments that have been offered so far, there is no more 
money left in the Under Secretary For Management's account if those 
amendments pass, Mr. Chairman. So we have hit bottom and the Under 
Secretary for Management

[[Page H3313]]

and the management of the Department of Homeland Security, if these 
amendments pass, will go out of business.
  So I urge a rejection of this amendment. I cannot see how the extra 
money would be used by the teams because we have already got $30 
million in their account, and the offset would wreck the Department.
  I urge a ``no'' vote.
  Mr. MARKEY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Massachusetts to speak again on the amendment?
  Mr. ROGERS of Kentucky. Mr. Chairman, I will not object at this point 
in time. I am serving notice, however, that this is the last time 
during the consideration of this bill that I will not object.
  The CHAIRMAN. Without objection, the gentleman from Massachusetts is 
recognized for 5 minutes.
  There was no objection.
  Mr. MARKEY. Mr. Chairman, I appreciate that, and I appreciate the 
gentleman not objecting at this time.
  What I did was, to be honest with you, I truncated my statement when 
I rose this second time, that is, on this second iteration of the 
amendment, and I realize that many people an hour ago probably were not 
listening. So when the gentleman from Kentucky said that $30 million 
was in the budget, that was true and it remains true, and I do not 
contest that except in my earlier statement I made clear that, one, I 
praised him for putting in $30 million because the Bush administration 
wanted zero, but second, the $30 million number is the same number that 
was in last year's budget before Katrina, before the avian flu threat 
became clear, before all the lessons that this country has learned 
unfortunately through real life experience.
  That is why I believe that we have to increase this budget by this 
near $15 million. That is what the fire chiefs are asking us for. That 
is what the unions are asking us for. In other words, the local police, 
the local fire, the employees in the hospitals all across the country, 
they are all saying: We are not prepared. Our emergency rooms will be 
overrun. We do not have the capacity to respond to a nuclear or 
chemical or biological event. We will be paralyzed in the first one 
hour. We need better metropolitan planning so that no one hospital, no 
one neighborhood is devastated.
  So I am asking for the increase because of what we have learned over 
the last year, what we are seeing ourselves as Americans, horrified 
last Labor Day weekend, saw these people looking up, looking for help, 
and realizing there was no metropolitan medical response plan. We have 
learned in audits of plans across the whole country that there is still 
not in existence plans of a way that would adequately deal with this 
issue.
  So, I thank the gentleman from Kentucky for not objecting, and I urge 
the Members to support my amendment.

                              {time}  1815

  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Markey).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. MARKEY. 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 Massachusetts will be 
postponed.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed, in the following order:
  Amendment by Mr. Kucinich of Ohio.
  Amendment by Mr. Brown of Ohio.
  Amendment by Ms. Jackson-Lee of Texas.
  Amendment by Mr. Langevin of Rhode Island.
  Amendment by Mr. Stupak of Michigan.
  Amendment by Mr. Lynch of Massachusetts.
  Amendment by Mr. Pascrell of New Jersey.
  Amendment by Mr. Markey of Massachusetts.
  Pursuant to the order of the House of today, the Chair will reduce to 
2 minutes the time for any electronic vote after the first vote in this 
series.


                   Amendment Offered by Mr. Kucinich

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 170, 
noes 251, not voting 11, as follows:

                             [Roll No. 211]

                               AYES--170

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

                               NOES--251

     Aderholt
     Akin
     Alexander
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Etheridge
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary

[[Page H3314]]


     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Olver
     Ortiz
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roybal-Allard
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Saxton
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     DeLay
     Eshoo
     Evans
     Flake
     Jones (OH)
     Kennedy (RI)
     Mollohan
     Paul
     Pelosi
     Snyder
     Wilson (SC)

                              {time}  1841

  Messrs. GINGREY, LEWIS of California, PRICE of Georgia, BEAUPREZ, 
SERRANO, and Mrs. CUBIN changed their vote from ``aye'' to ``no.''
  Mr. CUELLAR and Mr. OBERSTAR changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


              Amendment No. 1 Offered by Mr. Brown of Ohio

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


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 167, 
noes 255, not voting 10, as follows:

                             [Roll No. 212]

                               AYES--167

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Barrow
     Becerra
     Berkley
     Berry
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Chandler
     Clay
     Clyburn
     Conyers
     Costa
     Costello
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     Etheridge
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Goode
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Hastings (FL)
     Hayes
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson, E. B.
     Jones (NC)
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (WI)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pombo
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Stupak
     Tancredo
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu

                               NOES--255

     Aderholt
     Akin
     Alexander
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berman
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Case
     Castle
     Chabot
     Chocola
     Cleaver
     Coble
     Cole (OK)
     Conaway
     Cooper
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Farr
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goodlatte
     Granger
     Graves
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren, Zoe
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Meeks (NY)
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Strickland
     Sullivan
     Sweeney
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Jones (OH)
     Kennedy (RI)
     Mollohan
     Paul
     Snyder
     Wilson (SC)

                              {time}  1846

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


             Amendment Offered by Ms. Jackson-Lee of Texas

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


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 173, 
noes 249, not voting 10, as follows:

                             [Roll No. 213]

                               AYES--173

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dingell
     Doggett
     Emanuel
     Engel
     Etheridge
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gerlach
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Inslee
     Israel
     Jackson (IL)

[[Page H3315]]


     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kelly
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--249

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

                             NOT VOTING--10

     Akin
     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Paul
     Snyder
     Wilson (SC)

                              {time}  1852

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


                   Amendment Offered by Mr. Langevin

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 205, 
noes 216, not voting 11, as follows:

                             [Roll No. 214]

                               AYES--205

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Emanuel
     Engel
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Ford
     Fortenberry
     Frank (MA)
     Franks (AZ)
     Gerlach
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hayworth
     Herseth
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     Kind
     Kirk
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Pomeroy
     Porter
     Rahall
     Ramstad
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--216

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Fitzpatrick (PA)
     Foley
     Forbes
     Fossella
     Foxx
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Saxton

[[Page H3316]]


     Schmidt
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     DeLay
     Diaz-Balart, M.
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Ney
     Paul
     Snyder
     Wilson (SC)

                              {time}  1855

  Mr. FORD changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mr. Stupak

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 348, 
noes 74, not voting 10, as follows:

                             [Roll No. 215]

                               AYES--348

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (NY)
     Blackburn
     Blumenauer
     Boehlert
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Camp (MI)
     Campbell (CA)
     Cannon
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Drake
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     Etheridge
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Harman
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (MI)
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn

                                NOES--74

     Alexander
     Baker
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bishop (GA)
     Bishop (UT)
     Blunt
     Boehner
     Bonilla
     Boustany
     Brady (PA)
     Brown (SC)
     Buyer
     Calvert
     Cantor
     Carter
     Coble
     Conaway
     Crenshaw
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     English (PA)
     Frelinghuysen
     Gilchrest
     Gillmor
     Granger
     Hall
     Harris
     Hastings (WA)
     Hobson
     Hoekstra
     Hyde
     Istook
     Jenkins
     Johnson, Sam
     Keller
     Knollenberg
     Kolbe
     Latham
     Linder
     Manzullo
     Marchant
     McCrery
     Miller (FL)
     Murtha
     Neugebauer
     Ney
     Nunes
     Otter
     Oxley
     Pearce
     Pitts
     Radanovich
     Rehberg
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Ryun (KS)
     Sabo
     Simpson
     Sullivan
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Walsh
     Wamp
     Wicker
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Lewis (CA)
     Mollohan
     Paul
     Snyder
     Wilson (SC)


                      Announcement by the Chairman

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

                              {time}  1859

  Mr. SHAYS, Mr. WELLER, and Ms. FOXX changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                     Amendment Offered by Mr. Lynch

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Massachusetts (Mr. 
Lynch) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 225, 
noes 197, not voting 10, as follows:

                             [Roll No. 216]

                               AYES--225

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (NY)
     Blumenauer
     Boehlert
     Boren
     Boswell
     Boucher
     Bradley (NH)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Camp (MI)
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Ford
     Fossella
     Frank (MA)
     Garrett (NJ)
     Gerlach
     Gohmert
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kaptur
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Kuhl (NY)
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey

[[Page H3317]]


     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Pomeroy
     Rahall
     Ramstad
     Rangel
     Reichert
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--197

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Foley
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Kanjorski
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCrery
     McHenry
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Murtha
     Paul
     Snyder
     Wilson (SC)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). One minute remains in this vote.

                              {time}  1903

  Mr. FOSSELLA changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                   Amendment Offered by Mr. Pascrell

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 188, 
noes 227, not voting 17, as follows:

                             [Roll No. 217]

                               AYES--188

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Bonner
     Boswell
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     DeGette
     Delahunt
     DeLauro
     Dent
     Doggett
     Doyle
     Duncan
     Emanuel
     Engel
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Frank (MA)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kelly
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Melancon
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pickering
     Platts
     Pomeroy
     Porter
     Price (NC)
     Ramstad
     Rangel
     Reichert
     Reyes
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Shays
     Sherman
     Shuster
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Stark
     Strickland
     Stupak
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wynn

                               NOES--227

     Aderholt
     Akin
     Alexander
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Boren
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costello
     Cramer
     Crenshaw
     Crowley
     Cubin
     Culberson
     Davis (KY)
     Davis (TN)
     Davis, Tom
     Deal (GA)
     DeFazio
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doolittle
     Drake
     Dreier
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Hoyer
     Hulshof
     Hyde
     Inglis (SC)
     Issa
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kaptur
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McHenry
     McHugh
     McMorris
     Meeks (NY)
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Olver
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Poe
     Pombo
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Saxton
     Schmidt
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Spratt
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiberi
     Turner
     Udall (NM)
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Wu
     Young (AK)
     Young (FL)

[[Page H3318]]



                             NOT VOTING--17

     Bachus
     DeLay
     Eshoo
     Evans
     Flake
     Hunter
     Istook
     Keller
     Kennedy (RI)
     McKeon
     Mollohan
     Murtha
     Paul
     Rogers (AL)
     Snyder
     Tiahrt
     Wilson (SC)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). One minute remains in this vote.

                              {time}  1906

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


                    Amendment Offered by Mr. Markey

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 198, 
noes 224, not voting 10, as follows:

                             [Roll No. 218]

                               AYES--198

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

                               NOES--224

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

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Paul
     Radanovich
     Snyder
     Wilson (SC)

                              {time}  1916

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, as you know, the Department of Homeland Security is 
currently in the process of consolidating its data center as part of 
its infrastructure transformation program.
  The bill includes $41 million to establish services for a mirror data 
center to provide sufficient back-up and redundancy for the Department 
of Homeland Security data operations.
  Mr. ROGERS of Kentucky. The gentleman is correct.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield to my friend from 
Virginia who shares my concerns.
  Mr. MORAN of Virginia. Mr. Chairman, as the Department proceeds with 
the site selection for the mirror data services center, we feel it is 
important that all appropriate GSA site selection procedures be 
followed and that an RFP be issued clearly stating objective criteria 
for the site.
  We seek your assistance in ensuring these procedures are used and 
that a proper RFP is issued.
  Mr. ROGERS of Kentucky. You have my assurances proper site selection 
procedures will be used.
  Mr. TOM DAVIS of Virginia. Thank you, Mr. Chairman.


                    Amendment Offered by Mr. DeFazio

  Mr. DeFAZIO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. DeFazio:
       Page 3, line 15, insert after the dollar amount the 
     following: ``(reduced by $15,000,000)''.
       Page 5, line 19, insert after the dollar amount the 
     following: ``(increased by $11,500,000)''.

  Mr. DeFAZIO (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 
Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Chairman, this is a modified version of the 
amendment I offered earlier to bring the pay-out rates to sync. So I 
have reduced the additional funding for the Office of Inspector General 
to $11,500,000.
  Now, at that level, that is way below the $1 recovery for $1 
expenditure level for that office. If we put that additional funding in 
there, the taxpayers will save far in excess of that.
  As I said earlier, 3,622 allegations are still pending and have not 
yet been investigated because of the backlog of that office. Quite 
simply, to respond to the chairman's concerns earlier, I

[[Page H3319]]

would see that this money could come from the what they call plus-up or 
that is, an increase of $3.4 million in the Chief of Staff's Office. 
The gentleman mentioned Office of the Under Secretary for Management 
earlier; that woman has resigned, and the office is vacant.
  And then if we took the $7 million from the limousine account, we 
would have more than $11,500,000. I would recommend this as a good 
investment for the taxpayers of America.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  The committee bill already provides $96 million plus for the 
Inspector General. That is an increase of $14 million over the current 
level. And of that increase, $11 million is to continue and expand 
audits and investigations related to the gulf coast hurricanes.
  So we have already increased funding for the inspector general by 17 
percent over current levels. And again, this money would come out of 
the Under Secretary of Management's Office. We have already cut $70 
million from that office.
  We are going to shut it down, and the Department will not be able to 
operate. So I urge a no vote.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. DeFAZIO. 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 Oregon will be 
postponed.


                   Amendment Offered by Mr. Marshall

  Mr. MARSHALL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Marshall:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $20,000,000)''.
       Page 39, line 6, after the first dollar amount, insert the 
     following: ``(increased by $20,000,000)''.

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from Kentucky reserves a point of order.
  Mr. MARSHALL. Mr. Chairman, Chairman Rogers will be happy to know 
that the target of this amendment is also the Under Secretary of 
Management's budget, which still has money in it after our last series 
of votes.
  Mr. Chairman, in the 1980s, we gave amnesty and told the American 
people that the flow of illegal immigrants from Mexico was going to 
stop. It has not. And one of the main problems that employers have 
right now is their ability to quickly and reliably identify whether or 
not a proposed employee is a legal resident of the United States.
  In the President's budget, the President requested $110 million for 
the Employment Eligibility Verification Program. The committee has 
provided $90 million. Mrs. Miller of Michigan and I have joined 
together to submit this amendment which would add $20 million to the 
Employment Eligibility Verification Program, which would bring it up to 
the level that the President has requested.
  The moneys that are necessary to offset come from the Office of the 
Under Secretary For Management.


                             Point of Order

  Mr. ROGERS of Kentucky. Mr. Chairman, 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.
  Mr Chairman, I ask for a ruling.
  The CHAIRMAN. Are there further Members wishing to be heard on the 
point of order?
  If not, the Chair is prepared to rule.
  Mr. MARSHALL. Mr. Chairman, I ask unanimous consent to withdraw my 
amendment.
  Mr. Chairman, I would like to make an inquiry if I could. Mr. 
Chairman, we have a CBO scoring.
  Apparently, Mr. Chairman, I apologize, the amendment which has been 
provided and which is at the desk and which was announced is not the 
amendment that we have submitted.
  What we would ask is permission to withdraw the amendment which has 
been submitted and actually submit the one that is supposed to have 
been submitted.
  The CHAIRMAN. Is there objection?
  Mr. ROGERS of Kentucky. Mr. Chairman, the amendment that was read is 
what we are relying upon here.
  Mr. MARSHALL. Mr. Chairman, we have an amendment that proposes to cut 
$20 million, pardon me, cut $24 million from the Office of the Under 
Secretary of Management and add $20 million to the employment 
verification program.
  CBO has scored it. We have been told that that is the appropriate 
amount to reduce the management budget by. I thought this amendment was 
at the desk. I am not somebody who delivered it for the purposes of 
this.
  But we should have an amendment at the desk that provides to reduce 
by $24 million the management budget, and increase by $20 million the 
budget for the Employment Eligibility Verification Program. CBO says 
that is the appropriate scoring.
  The CHAIRMAN. Is there objection to withdrawal of the current 
amendment?
  There was no objection.


                   Amendment Offered by Mr. Marshall

  Mr. MARSHALL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Marshall:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $24,000,000)''.
       Page 39, line 6, after the first dollar amount, insert the 
     following: ``(increased by $20,000,000)''.

  Mr. MARSHALL. Mr. Chairman, I do not want to take a whole bunch of 
additional time repeating what I have previously said.
  Right now we have a very difficult time where illegal immigration is 
concerned, and employers tell all of us that the system we have in 
place right now for identifying whether or not a proposed employee is a 
legal resident is broken. It simply does not work. The President has 
asked for $110 million to work on this problem. We propose in this 
budget to give him $90 million.
  Mr. Chairman, I know the chairman supports the concept. The chairman 
and the committee chose not to give full funding. We simply recommend 
full funding, and we take the funds that are necessary from the Office 
of the Under Secretary of Management.
  Mrs. Miller of Michigan joins me in this request.
  Mrs. MILLER of Michigan. Mr. Chairman, I rise in support of the 
amendment.
  Mr. Chairman, I certainly want to thank the gentleman from Georgia 
(Mr. Marshall) for offering this amendment, which I am proud to 
cosponsor.
  Very simply, Mr. Chairman, this amendment would increase funding for 
the Employment Eligibility Verification Program. It is a very important 
program. It requires employers to verify the employment eligibility and 
identity documents presented to the employer and record the document 
information.
  This program is a very important piece in our efforts to get control 
of our borders. One of the primary reasons so many immigrants, of 
course, come here illegally is to find work. That incentive only exists 
if jobs are available.
  The vast majority of businesses do want to comply with the law and 
hire only those in the country legally. But because of a lack of a 
reliable verification system, they are unable to be certain that those 
that they seek to hire are actually here legally.
  There are still other businesses that knowingly break the law in 
order to exploit cheap labor, and that has to be stopped. We are a 
Nation of laws, and the American people expect those laws to be 
followed. They have had enough of the current broken system, and we 
need to take action to ensure that only those that are in our country 
legally are able to find work.
  This program is key to ensuring that businesses are complying with 
the labor and immigration laws of our Nation. The President has 
requested $110 million for this program in his fiscal year 2007 budget 
proposal.
  As it stands, the legislation only provides for $90 million. And 
while I certainly understand and appreciate the chairman and the 
committee having very, very difficult decisions to make, I do believe 
the funding for this program is one of the most important things that 
we can do to cut down on

[[Page H3320]]

the flood of immigrants who are here illegally crossing our border.
  Mr. Chairman, I think it is absolutely essential that we get control 
of our borders, and increased funding for employment eligibility 
verification will help us to do this.

                              {time}  1930

  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  The committee included 160 million dollars in the bill for USCIS 
salaries and expenses which is $115 million above the 2006 level. Their 
request included $110 million for the Employment Eligibility 
Verification program, mainly to fund development of new systems and 
intelligence communications, to support employer requests for 
confirmation of immigration status of their employees.
  The bill provides $90 million. The reason that we did not fully fund 
that program is because they do not need that much money. This $90 
million will be enough to begin the work needed to start defining 
systems needs and begin the design and procurement process. That is all 
they need for this. If we give them more, it will not be spent. They 
cannot spend more.
  We could certainly use that money. Certainly the Under Secretary for 
Management can use that money. If we continue to dip into his account, 
he will not exist and that is very, very important to manage the whole 
Department. I understand the gentleman and the gentlewoman's point on 
this; however, when you think that this amount of money will be all 
that they can use to get the program up and running, I think you will 
be satisfied with it. I urge defeat of the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Marshall).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. MARSHALL. 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 Georgia will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002 (6 U.S.C. 113), $43,480,000, of which 
     $18,000,000 is for the eMerge2 Program: Provided, 
     That $10,000,000 shall be withheld from obligation until the 
     Office of the Chief Financial Officer submits monthly budget 
     execution reports to the Committees on Appropriations of the 
     Senate and the House of Representatives as required by 
     section 529 of this Act.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $364,765,000; of which 
     $79,521,000 shall be available for salaries and expenses; and 
     of which $285,244,000 shall be available for development and 
     acquisition of information technology equipment, software, 
     services, and related activities for the Department of 
     Homeland Security, and for the costs of conversion to 
     narrowband communications, including the cost for operation 
     of the land mobile radio legacy systems, to remain available 
     until expended: Provided, That none of the funds appropriated 
     shall be used to support or supplement the appropriations 
     provided for the United States Visitor and Immigrant Status 
     Indicator Technology project or the Automated Commercial 
     Environment.


                   Amendment No. 5 Offered by Mr. Poe

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

       Amendment No. 5 offered by Mr. Poe:
       Page 4, line 11, after the dollar amount, insert the 
     following: ``(reduced by $41,000,000)''.
       Page 4, line 13, after the dollar amount, insert the 
     following: ``(reduced by $41,000,000)''.
       Page 14, line 6, after the dollar amount, insert the 
     following: ``(increased by $41,000,000)''.
       Page 14, line 18, after the dollar amount, insert the 
     following: ``(increased by $41,000,000)''.

  Mr. POE. Mr. Chairman, I offer this amendment today because the 
Federal Government has failed to protect our Nation's interiors from 
illegals. We allow thousands a day to enter illegally in this country 
and do not know where they are or why they are coming here. It is a 
common understanding among illegals that once they get past the Border 
Patrols, which only patrols the first inner 30 miles of our borders, 
and get into the United States, they are home free in America. There 
are not enough interior officers to capture illegals.
  What this shows us is we need a new approach, one centered on 
enforcing the Nation's interior. We send a mixed message when we say we 
are serious about border protection but give a wink and a nod to those 
who make it into the interior of this country. They know they will not 
be captured.
  With the other Chamber passing sweeping immigration changes today 
that will undoubtedly place more of a burden on our Border Patrol, and 
even allow more illegal aliens to settle into the community, it is 
incumbent on this body to give communities more resources to clean up 
Federal failures. Increasingly, more of the burden of illegal 
immigration is falling on the shoulders of State and local governments 
to absorb the populations into their communities. The problem is 
particularly troubling in border communities and major trafficking 
routes in the Southwest. I know because I have been there and I have 
seen it.
  Mr. Chairman, the first duty of government is to protect the 
citizens. The 287(g) program fulfills this duty. This program is a 
voluntary program that gives State and local enforcement, at their 
choosing, immigration enforcement training so they can protect their 
communities. The Nation has 750,000 State and local law enforcement, 
and they can be an effective force in assisting Federal authorities. 
The program is voluntary to local police if they choose to help enforce 
immigration laws.
  For example, the Florida Department of Law Enforcement, the first in 
the Nation to enter into a 287(g) agreement, used trained officers to 
fight terrorism. Alabama has used these agreements to go after a 
growing human trafficking problem because the Federal ICE presence in 
Alabama was limited in their State to only three officers.
  Los Angeles County is looking at the program to help identify and 
remove criminal aliens from their jails before they are released. This 
is a major problem as ICE estimates there are a half million criminal 
aliens in U.S. jails and prisons, and they have not been identified for 
removal to their countries. Without adequate action, many of these 
criminals could be released back into the community rather than being 
deported. A 287 agreement between ICE and local officials could result 
in more criminal aliens being identified and removed from the United 
States before they are released from jail and have to be rearrested.
  Mr. Chairman, as a co-chair of the Congressional Victims Right 
Caucus, crimes committed by people who have no right to be here in the 
first place are especially troubling to me, especially if we have 
already had them in custody once.
  Take into account the following cases: in Lake Worth, Florida, an 
illegal alien from the Bahamas named Milagro Cunningham took an 8-year-
old girl to a nearby landfill where he proceeded to sexually assault 
her, choke her and leave her for dead in a rock-filled trash bin. 
Cunningham had been arrested three times by Palm Beach County Sheriff's 
Department prior to the incident and not once was his immigration 
investigated. If Palm Beach County Sheriff's Department had the 
authority under 287(g) and an agreement been in place, his status could 
have been verified and then turned over to Federal immigration for his 
removal from this country.
  Angel Resendez, the notorious railroad killer, who sits now on Texas 
death row for 14 murders he committed in the United States, he came to 
this country illegally from Mexico. And during his killings, Resendez 
crossed the U.S. southern border with Mexico at will and managed to 
slip in and out of the hands of local law enforcement many times. Just 
think if 287(g) was enforced, we could have spared the lives of 14 
people had local law enforcement had the training and authority to 
inquire into his legal status instead of letting him go.
  The 287(g) programs can be expanded and modeled for any need, whether 
it is a task force investigating alien gangs such as the MS-13 or the 
document fraud rings or human smuggling.

[[Page H3321]]

  While these examples show the great promise of 287(g) programs, the 
reality is Congress hasn't provided the funds to see how effective this 
program can really be. The authority has been available for 10 years, 
but since 2001 only funding has been allowed for 159 State and local 
officers. The fact of the matter is local law enforcement is going to 
come in contact with criminal aliens like Cunningham and Resendez 
during the course of their daily duties. Now, what are we going to do 
about that?
  Today we have a choice. We can sit idly by and let these criminals 
slip through law enforcement's hands, or we can give our country's 
finest local and State in uniform the resources they need to protect 
and serve. We have the ability today to send a strong message that the 
lawlessness will not stand and we will preserve our first duty of 
government to protect the citizens.
  This amendment today seeks to increase the 287(g) program by $41 
million by removing the $41 million that is even above the President's 
request for the bureaucrat backup information technology center under 
the Chief Information Officer of the DHS. There is a growing need to 
expand these and I ask adoption of this amendment.
  Mr. PRICE of North Carolina. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I rise in opposition to the Poe amendment. Although I 
have some concerns about the intended use of the $41 million that is 
the subject of this amendment, I want to focus tonight on the offset.
  My colleague from Texas proposes to offset the cost of his amendment 
with an equivalent reduction to the Office of Chief Information 
Officer, specifically targeting funds that the committee has included 
to cover the establishment of a mirror, or back-up, data center.
  It has been 4 years now since the creation of the Department of 
Homeland Security, and we are still at least months away from 
consolidating and securing data that is essential to protecting the 
homeland. Agreeing to the Poe amendment would strip funds intended for 
the establishment of this second data center which we should be 
accelerating, not delaying.
  To take on face value that this funding is not important because it 
was not part of the President's budget request is to abandon this 
institution's responsibility and authority. We are responsible for 
overseeing the Department's budget and operations, and this additional 
funding is the result of our subcommittee's best judgment.
  Having a mirror data center for the Department of Homeland Security 
is not only desirable; it is essential. If last hurricane season taught 
us anything, it is that we need to be fully prepared for the next 
disaster. The Poe amendment would compromise that preparedness. I urge 
colleagues to reject it.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  I want to identify with the remarks just made by the gentleman from 
North Carolina. It is urgent, in my judgment, that Mr. Poe secures more 
money for the 287(g) program. I think that is an essential matter that 
needs to be taken care of, to get State and local law enforcement 
assistance in the enforcement of the immigration laws. We will never be 
able to get enough border control to completely handle the problem in 
my judgment, unless we get the active assistance of State and local law 
enforcement, as authorized and funded.
  In the bill we provided $5.4 million for training of local law 
enforcement officers in participation in 287(g) and the President's 
border supplemental proposes a $50 million increase. So we are going to 
get that money that Mr. Poe would like for us to have; we are just 
going to get it from another source.
  I agree with the gentleman from North Carolina on the need to keep 
the money in the Chief Information Officer's account for the data 
center. And it will assist, those data centers will assist the border 
effort to be sure that we keep out people that should not be in the 
country. We cannot do it without a coordinated data collection center, 
and that is what this bill includes $41 billion for.
  Currently, the Department has 17 of these centers scattered all over 
the country, largely a legacy of consolidating multiple agencies when 
we formed the Department. Running those multiple data floors is 
expensive. It hinders information sharing. It creates security 
vulnerabilities. The Department estimates that consolidation to twin 
facilities as the bill proposes will save $50 million each year, 
starting in 2009, with two mirror sites.
  The current information silos scattered across the Department will be 
done away with, allowing a consolidated view of information, a critical 
element of information sharing. Having information at twin sites allows 
it to be under one security umbrella, leaving fewer opportunities to 
compromise secure information.
  The first center is being built in Stennis, Mississippi. The 
Department plans to release a request for information to begin the 
competitive process to locate a surface for a second mirror facility 
this year. Without a redundant data center, should something happen to 
this Stennis facility, DHS would not be able to operate. People could 
not cross the border. Travelers would stop at airports. Coast Guard 
data would be lost.
  So I urge the Members to reject this amendment so that we can have 
the data centers that are absolutely vital to the successful operation 
of the Department and the battle to keep illegals out of the country.
  I would point out again to Mr. Poe that when the President's border 
supplemental passes, you will get not just the $41 million you seek, 
but $50 million dollars. So we are with you. We are just doing it a 
different way. I urge a defeat of the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Poe).
  The amendment was rejected.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                        Analysis and Operations

       For necessary expenses for information analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $298,663,000, to remain available until September 30, 2008, 
     of which not to exceed $5,000 shall be for official reception 
     and representation expenses.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

       For necessary expenses of the Office of the Federal 
     Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided, 
     That $1,000,000 shall not be available for obligation until 
     the Federal Coordinator submits to the Committee on 
     Appropriations of the House of Representatives a report 
     related to Federal rebuilding efforts.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $96,185,000, of which not to exceed 
     $100,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

    United States Visitor and Immigrant Status Indicator Technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), $362,494,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $312,494,000 may not be obligated for the 
     United States Visitor and Immigrant Status Indicator 
     Technology project until the Committees on Appropriations of 
     the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.

[[Page H3322]]

                     Customs and Border Protection

                         salaries and expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, and agricultural 
     inspections and regulatory activities related to plant and 
     animal imports; purchase and lease of up to 4,500 (3,500 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $5,435,310,000; of 
     which $3,026,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
     not to exceed $45,000 shall be for official reception and 
     representation expenses; of which not less than $162,976,000 
     shall be for Air and Marine Operations; of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
     shall be derived from that account; of which not to exceed 
     $150,000 shall be available for payment for rental space in 
     connection with preclearance operations; and of which not to 
     exceed $1,000,000 shall be for awards of compensation to 
     informants, to be accounted for solely under the certificate 
     of the Secretary of Homeland Security: Provided, That for 
     fiscal year 2007, the overtime limitation prescribed in 
     section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     267(c)(1)) shall be $35,000; and notwithstanding any other 
     provision of law, none of the funds appropriated by this Act 
     may be available to compensate any employee of the Bureau of 
     Customs and Border Protection for overtime, from whatever 
     source, in an amount that exceeds such limitation, except in 
     individual cases determined by the Secretary of Homeland 
     Security, or the designee of the Secretary, to be necessary 
     for national security purposes, to prevent excessive costs, 
     or in cases of immigration emergencies: Provided further, 
     That no funds shall be available for the site acquisition, 
     design, or construction of any Border Patrol checkpoint in 
     the Tucson sector: Provided further, That the Border Patrol 
     shall relocate its checkpoints in the Tucson sector at least 
     once every seven days in a manner designed to prevent persons 
     subject to inspection from predicting the location of any 
     such checkpoint: Provided further, That of the total amount 
     made available under this heading, $115,000,000 shall be for 
     the Secure Border Initiative Technology and Tactical 
     Infrastructure (SBInet) program, project, and activity, to 
     remain available until expended, of which $25,000,000 shall 
     not be available for obligation until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan for expenditure prepared by the 
     Secretary of Homeland Security that--
       (1) defines activities, milestones, and costs for 
     implementing the program;
       (2) demonstrates how activities will further the goals and 
     objectives of the SBI, as defined in the SBI multi-year 
     strategic plan;
       (3) identifies funding and the organizational staffing 
     (including full-time employee equivalents, contractors, and 
     detailees) requirements by activity;
       (4) reports on costs incurred, the activities completed, 
     and the progress made by the program;
       (5) includes a certification by the Chief Procurement 
     Officer of the Department of Homeland Security that 
     procedures to prevent conflicts of interest between the prime 
     integrator and major subcontractors are established and that 
     an independent verification and validation agent is currently 
     under contract for the project;
       (6) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget;
       (7) complies with the capital planning and investment 
     control review requirements established by the Office of 
     Management and Budget, including Circular A-11, part 7;
       (8) complies with all applicable acquisition rules, 
     requirements, guidelines, and best systems acquisition 
     management practices of the Federal Government; and
       (9) is reviewed by the Government Accountability Office.

                              {time}  1945


                 Amendment Offered by Mr. King of Iowa

  Mr. KING of Iowa. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. King of Iowa:
       Page 7, line 23, after the first dollar amount, insert the 
     following: ``(reduced by $2,000,000)''.
       Page 14, line 6, after the dollar amount, insert the 
     following: ``(increased by $2,000,000)''.

  Mr. KING of Iowa. Mr. Chairman, I rise to offer the King-Shadegg-
Souder amendment. It is an amendment that transfers $2 million for the 
Shadow Wolves. They are a unique organization that takes the funding 
from Customs and Border Patrol and shifts it over to ICE, and the 
intention is to transfer Shadow Wolves over to ICE, that $2 million.
  That would take care of the salaries and expenses and the 
appropriations accordingly. The intent is to make sure that this 
specialized unit called the Shadow Wolves, who have shown so much 
efficiency with their border patrol and their drug interdiction and the 
unique skills that they have, can be protected and enhanced and 
encouraged and their unique culture can be expanded.
  They now work within the Tohono O'odham Reservation in southern 
Arizona. They control 76 miles of that border which is 2.8 million 
acres. Their record has been astonishing, Mr. Chairman, and I have been 
down there to review their work and gotten to know some of them. We 
tried to work out a solution here by which they can be encouraged and 
enhanced.
  One of the people who has a great voice for Native Americans all 
across this country is the gentleman from Oklahoma (Mr. Cole) to whom I 
would be happy to yield.
  Mr. COLE of Oklahoma. Mr. Chairman, will the gentleman yield?
  Mr. KING of Iowa. I yield to the gentleman from Oklahoma.
  Mr. COLE of Oklahoma. Mr. Chairman, I rise in support of this 
important amendment that will aid the outstanding work of the Shadow 
Wolves.
  The Shadow Wolves, who were recognized by Congress in 1972, patrol 
the international land border within the Tohono O'odham Indian Nation 
in the State of Arizona. The Shadow Wolves' officers are Native 
Americans who combine modern technology and traditional Native American 
tracking techniques. Their unit includes the Blackfoot, Cheyenne and 
Pima tribes. Their motto is: ``In brightest day, in darkest night, no 
evil shall escape my sight, for I am the Shadow Wolf.''
  Mr. Chairman, these agents, numbering only 16, have combined to seize 
an average of over 100,000 pounds of illegal narcotics annually. In 
some years, they intercept as much as a third of all the marijuana 
stopped by Customs officials in Arizona.
  This commonsense amendment is budget neutral. It will merely transfer 
the Shadow Wolves' unit funding from Customs and Border Patrol to 
Immigration and Customs enforcement.
  Funding for the Shadow Wolves should not be held hostage by internal 
power struggles within the Department of Homeland Security. Instead, 
they should be funded and allowed to operate to their fullest 
potential.
  Mr. Chairman, I thank the gentleman from Iowa for bringing this 
excellent amendment to the floor.
  Mr. KING of Iowa. Mr. Chairman, reclaiming my time, I thank the 
gentleman.
  Mr. SOUDER. Mr. Chairman, will the gentleman yield?
  Mr. KING of Iowa. I yield to the gentleman from Indiana, the chairman 
of the Government Reform Subcommittee on Criminal Justice, Drug Policy 
and Human Resources.
  Mr. SOUDER. Mr. Chairman, I thank the gentleman, and I want to thank 
Chairman Rogers and the committee for being willing to hopefully 
support this amendment and continue to work in conference.
  This is a major breakthrough. This is something we have been working 
towards for years to keep this unit together.
  I want to thank Julie Miers and Deb Spiro of the CBP and the ICE 
assistant secretary, Chairman King and Chairman Lungren and the 
Homeland Security authorizing committee.
  This is something that is finally happening, and it is an exciting 
time for one of the most critical drug trafficking organizations in the 
sense of they break the drug trafficking, they break the smuggling and 
trafficking inside of the Native American reservation. It is something 
we ought to be working to preserve, and I want to thank the committee 
for working with us and all the others, as well as the agencies.
  This is a historic night that we have been working towards for 4 to 6 
years. I thank you very much.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. KING of Iowa. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I think the gentleman has 
offered a very helpful amendment, and I congratulate him on that and 
those who are supporting the amendment, and the committee would like to 
accept it.

[[Page H3323]]

  Mr. KING of Iowa. Mr. Chairman, I thank the chairman and I am 
grateful for his work on all of our security in this Nation, and I am 
hopeful that as we go forward to conference we could have a better look 
at the finances required to keep the Shadow Wolves as vital as we can.
  With that, I encourage support of the amendment, the King-Souder-
Shadegg amendment, and I thank the chairman.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Iowa (Mr. King).
  The amendment was agreed to.


                     Amendment Offered by Mr. Reyes

  Mr. REYES. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Chair notes that the amendment addresses a portion 
of the bill not yet read for amendment.
  Is there objection to consideration of the amendment at this time?
  Without objection, the Clerk will report the amendment.
  There was no objection.
  The Clerk read as follows:

       Amendment offered by Mr. Reyes:
       Page 7, line 23, after the first dollar amount, insert the 
     following: ``(increased by $1,950,000,000)''.
       Page 11, line 2, strike the period at the end and insert a 
     colon.
       Page 11, after line 2, insert the following:
     Provided further, That, of the total amount provided, 
     $1,700,000,000 shall be for an additional 10,000 Border 
     Patrol agents: Provided further, That, of the total amount 
     provided, $250,000,000 shall be for expanding the Border 
     Patrol Training Academy to accommodate training for such 
     additional Border Patrol agents.

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on 
the gentleman's amendment.
  The CHAIRMAN. The gentleman from Kentucky reserves a point of order.
  Mr. REYES. Mr. Chairman, before being elected to Congress, I served 
for 26\1/2\ years in the United States Border Patrol, including 13 of 
those as sector chief in McAllen and El Paso, Texas. I have years of 
experience patrolling the desert of the U.S.-Mexico border region, 
supervising thousands of hardworking, dedicated Border Patrol agents 
and doing anything within my power to strengthen our borders and to 
reduce illegal immigration.
  However, Mr. Chairman, it does not take that kind of experience to 
know that this bill fails to provide the funding required to hire and 
train the Border Patrol agents that we need to secure our Nation's 
borders.
  Instead of funding the 2,000 new Border Patrol agents authorized 
under the 9/11 Commission legislation passed by this very Congress in 
2004, the bill before us today provides only enough money for 1,200 new 
agents.
  Mr. Chairman, I ask you, what kind of logic is it to spend $1.9 
billion to deploy our already overburdened National Guard troops to the 
U.S.-Mexico border on a supposedly temporary basis but then fail to 
provide the resources necessary to hire and train an adequate number of 
Border Patrol agents who are charged with securing our Nation's 
borders? From my perspective, Mr. Chairman, it is flawed logic, and it 
is also bad policy.
  That is why I am offering this amendment with my friend and colleague 
from Texas, Representative Solomon Ortiz, who also has many years of 
law enforcement experience as a sheriff in the border region and today 
represents a border district.
  Our amendment would provide the funds necessary to hire and train 
10,000 new Border Patrol agents, which is in line with what Congress 
authorized in the 9/11 Commission bill. It would also about double the 
current size of the U.S. Border Patrol, which is about what we need to 
do in my opinion before we can reassess whether or not we have achieved 
operational control of our borders.
  Mr. Chairman, many of my congressional colleagues talk a great deal 
about border security. Yet, when it comes time to actually fund 
additional Border Patrol agents or other necessary security personnel, 
equipment and technology, we always come up very short. From my 
perspective, I guess this bill is no different. What is it going to 
take for us to start putting our money where our mouth is?
  With that, I urge my colleagues to support this amendment.


                             Point of Order

  The CHAIRMAN. Does the gentleman insist on his point of order?
  Mr. ROGERS of Kentucky. Mr. Chairman, I do make a point of order 
against the amendment because it is in violation of section 302(f) of 
the Congressional Budget Act of 1974.
  The Committee on Appropriations filed a suballocation of budget 
totals for fiscal year 2007 on May 18. The adoption of this amendment 
would cause the subcommittee suballocation for budget authority made 
under section 302(b) to be exceeded and is not permitted under section 
302(f) of the Act.
  I ask for a ruling.
  The CHAIRMAN. Are there any Members who wish to be heard further on 
the point of order?
  Mr. REYES. Mr. Chairman, I believe that we are long overdue in taking 
the proper action to fund our United States Border Patrol. I have heard 
a number of my colleagues come on this floor and criticize them, 
because they get erroneous information, I might add, from members of 
the Minutemen project. The Minutemen project came about because of the 
frustration that the general population was feeling at our inability to 
control this Nation's borders.
  If, in fact, this amendment is ruled out of order, and in fact we 
cannot come up with the $1.9 billion that are necessary to fund the 
Border Patrol so they can control the border, then why is it that we 
spend so much time talking tough about border enforcement, talking 
tough about stopping an invasion, talking tough about securing the 
border at a time when we are at war with terrorists?
  All of the talk in the world does not translate to resources for the 
United States Border Patrol. All the talk in the world does not stop 
terrorists from coming into this country, but what we do need to do is 
recognize that the Border Patrol needs additional staffing. They need 
additional equipment. They need additional technology. The President 
went on national TV to make that point.
  The CHAIRMAN. If the gentleman would suspend, the Chair is 
constrained to point out that remarks need to be directed to the point 
of order as opposed to the merits of the amendment. Does the gentleman 
wish to be heard on the point of order raised by the gentleman from 
Kentucky?
  Mr. REYES. No, thank you.
  The CHAIRMAN. Are there further Members wishing to speak on the point 
of order? If not, the Chair is prepared to rule.
  The Chair is authoritatively guided under section 312 of the Budget 
Act by an estimate of the Committee on the Budget that an amendment 
providing any net increase in new discretionary budget authority would 
cause a breach of the pertinent allocation of such authority. The 
amendment offered by the gentleman from Texas would increase the level 
of new discretionary budget authority in the bill and, as such, the 
amendment violates section 302(f) of the Budget Act. The point of order 
is sustained, and the amendment is not in order.
  The Clerk will read.
  The Clerk read as follows:

                        automation modernization

       For expenses for customs and border protection automated 
     systems, $451,440,000, to remain available until expended, of 
     which not less than $316,800,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That of 
     the total amount made available under this heading, 
     $216,800,000 may not be obligated for the Automated 
     Commercial Environment until the Committees on Appropriations 
     of the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.

[[Page H3324]]

     cbp air and marine interdiction, operations, maintenance, and 
                              procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aerial 
     vehicles, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, and rental payments for facilities occupied by the 
     air or marine interdiction and demand reduction programs, the 
     operations of which include the following: the interdiction 
     of narcotics and other goods; the provision of support to 
     Federal, State, and local agencies in the enforcement or 
     administration of laws enforced by the Department of Homeland 
     Security; and at the discretion of the Secretary of Homeland 
     Security, the provision of assistance to Federal, State, and 
     local agencies in other law enforcement and emergency 
     humanitarian efforts, $373,199,000, to remain available until 
     expended: Provided, That no aircraft or other related 
     equipment, with the exception of aircraft that are one of a 
     kind and have been identified as excess to the Bureau of 
     Customs and Border Protection requirements and aircraft that 
     have been damaged beyond repair, shall be transferred to any 
     other Federal agency, department, or office outside of the 
     Department of Homeland Security during fiscal year 2007 
     without the prior approval of the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: Provided further, That of the total amount 
     made available under this heading, $6,800,000 shall not be 
     available for obligation until the Committee on 
     Appropriations and the Committee on Homeland Security of the 
     House of Representatives receive a report on the April 25, 
     2006, unmanned aerial vehicle mishap.


                     Amendment Offered by Mr. Mica

  Mr. MICA. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Mica:
       Page 13, lines 13 and 14, after ``the Committee on 
     Appropriations'' insert ``, the Committee on Transportation 
     and Infrastructure,''.

  Mr. MICA. Mr. Chairman, I appreciate consideration of my amendment by 
the subcommittee.
  This amendment adds the Transportation and Infrastructure Committee 
to the list of committees to receive a report on the April 25, 2006, 
unmanned aerial vehicle mishap.
  The operation of Customs and Border Protection unmanned aerial 
vehicles sometimes occurs and has occurred in our National Airspace 
System, and that is also taking place along our Nation's southern 
border, and perhaps eventually that will also occur on the northern 
border.
  All Customs and Border Protection UAV operations are conducted now in 
compliance with the Federal Aviation Administration with an FAA-issued 
Certificate of Authorization. It sets forth various restrictions and 
conditions of operation.
  Operations will take place within an FAA-established Temporary Flight 
Restriction area.

                              {time}  2000

  The operations of UAVs outside the restricted airspace, in the 
integrated airspace with manned vehicles, poses some unique safety 
issues for the FAA. Information indicates that the unmanned aerial 
system accident rate is two to three orders of magnitude greater than 
it is for manned systems. That is why it is important that the Customs 
and Border Protection UAV, which was involved in a mishap on April 25, 
2006, and operating again within this space and under an FAA-issued 
certificate of authorization, should also be under the jurisdiction or 
at least the concern of this report provided to the Committee on 
Transportation and Infrastructure. This accident is being investigated 
by the National Safety Transportation Board with the assistance of the 
FAA.
  The Transportation and Infrastructure Committee of the House has 
great interest in learning about this accident, particularly as the FAA 
is developing regulations and procedures for the integration of these 
UAV vehicles into our National Air System for the future.
  It is a minor amendment, but it does recognize some of the 
jurisdictional interests of our committee, and I ask for its 
consideration.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. MICA. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I think the gentleman has 
offered a very helpful amendment and certainly should be accepted.
  The Transportation and Infrastructure Committee and the Aviation 
Subcommittee, which the gentleman chairs, has a very direct interest in 
the flights of the UAVs as it relates to commercial aviation 
especially.
  So I thank the gentleman for the amendment.
  Mr. MICA. I thank the gentleman for his consideration and also for 
his acceptance of this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida (Mr. Mica).
  The amendment was agreed to.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


                              construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $175,154,000, to remain available 
     until expended.

                  Immigration and Customs Enforcement

                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 2,740 (2,000 for replacement 
     only) police-type vehicles, $3,843,257,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations pursuant to section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $102,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline; of which not less than $203,000 shall be for Project 
     Alert; of which not less than $5,400,000 may be used to 
     facilitate agreements consistent with section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)); and of 
     which not to exceed $11,216,000 shall be available to fund or 
     reimburse other Federal agencies for the costs associated 
     with the care, maintenance, and repatriation of smuggled 
     illegal aliens: Provided, That none of the funds made 
     available under this heading shall be available to compensate 
     any employee for overtime in an annual amount in excess of 
     $35,000, except that the Secretary of Homeland Security, or 
     the designee of the Secretary, may waive that amount as 
     necessary for national security purposes and in cases of 
     immigration emergencies: Provided further, That of the total 
     amount provided, $15,770,000 shall be for activities to 
     enforce laws against forced child labor in fiscal year 2007, 
     of which not to exceed $6,000,000 shall remain available 
     until expended.


                     Amendment Offered by Mr. Reyes

  Mr. REYES. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Reyes:
       Page 14, line 6, after the dollar amount, insert the 
     following: ``(increased by $2,050,000,000)''.

       Page 15, line 9, insert before the period at the end the 
     following:

     : Provided further, That, of the total amount provided, 
     $2,050,000,000 shall be for necessary detention bed space, 
     personnel, and removal costs to end ``catch and release''

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman reserves a point of order.
  Mr. REYES. Mr. Chairman, I rise today as a Member who represents a 
border community who has always been concerned about our national 
security and our border security. Today, still, our border security is 
driven by money not policy, and certainly not in the best interest of 
our security. This amendment gives DHS the necessary funds, $2.05 
billion, to fund the 35,000 beds they have stated they need to 
eliminate the budget-driven catch-and-release policy.
  What has appalled so many of us is that DHS is catching and releasing 
thousands of illegal immigrants into the general population of the 
United States because they simply do not have the detention space to 
hold them. These illegal immigrants, also referred to as OTMs, or other 
than Mexicans, are given what they refer to as ``walking papers'' and 
are released on their own recognizance with an order to appear 
voluntarily at a deportation hearing weeks after their release. In 
fact, Mr. Chairman, they are asked where they are traveling to in order 
to give them a hearing near their final destination. Of those released, 
about 5 percent actually return for this hearing. But that number is 
probably high, in my opinion.
  This is hurting the morale of our U.S. Border Patrol agents and is a 
misguided process. Because of catch-and-release, the number of 
immigrants who have come across our borders has significantly 
increased. According to the

[[Page H3325]]

April 2006 DHS Inspector General report, here is what underfunding 
border security means to this country: 774,112 illegal immigrants were 
apprehended during the past 3 years. Of those, 280,987, or 
approximately 36 percent, were released largely due to lack of 
personnel, bed space, and funding.
  The report also says that the number of illegal immigrants 
apprehended in the U.S. is increasing, while personnel and bed space 
levels are declining. In the 2 years just after 9/11, illegal 
immigrants captured in the U.S. rose some 19 percent, from 231,000 to 
about 275,000.
  This remains a prominent national security risk. And I am including 
for the Record a news story about how the deportations work. These OTMs 
include aliens from countries whose governments support state-sponsored 
terrorism as well as those from countries of special interest who 
promote, produce or protect terrorist organizations and their members. 
They also include aliens who should be identified, detained, and 
removed under the DHS's Criminal Alien Removal Program, but who are not 
included in that program because there is no funding.
  The 9/11 Commission recognized this national security risk and 
recommended to us in Congress that we fund 8,000 detention beds each 
year for the next 5 years, for a total of 40,000 beds. We passed these 
recommendations into law in December of 2004, yet this Congress has not 
funded those very recommendations. In fact, the homeland security 
appropriations bill that we have before us today includes funding for 
only about 4,800 detention beds. That is approximately 3,100 less than 
what the 9/11 Commission said was the minimum that we should be doing 
to increase our security. Last year, the Congress funded only 4,250 
detention beds. That is 3,700 short of what the 9/11 Commission 
recommended.
  Our willful neglect of our border security has angered our fellow 
citizens. As a political gesture, this administration and this Congress 
want to build walls and militarize the border as a response. That is 
not what we need. We need to keep our promises to the American people 
and fund those promises that we have made. We must send a clear message 
that when you cross our borders illegally, you will be caught and 
detained.
  Believe me, Mr. Chairman, I, as well as every Member in this House, 
understand the fiscal situation that we are in. However, time after 
time we seem to find money for other things. Why can't we find the 
money for our detention space which we desperately need and which is 
directly related to the security of this country? Compromising border 
security is not the way to trim our deficit.
  We are long past the point of an emergency and must include this 
money to protect our borders, to protect our country, and to get us out 
of this crisis that we have worked our way into.


                             Point of Order

  The CHAIRMAN. Does the gentleman from Kentucky insist upon his point 
of order?
  Mr. ROGERS of Kentucky. I do, Mr. Chairman.
  I make a point of order against the amendment because it is in 
violation of section 302(f) of the Congressional Budget Act of 1974.
  The Committee on Appropriations filed a suballocation of budget 
totals for fiscal year 2007 on May 18. The adoption of this amendment 
would cause the subcommittee's suballocation for budget authority made 
under section 302(b) to be exceeded, and is not permitted under section 
302(f) of the act.
  I ask for a ruling.
  The CHAIRMAN. Are there any Members wishing to speak on the point of 
order? If not, the Chair is prepared to rule.
  For the reasons stated in the Chair's ruling on the prior amendment 
by the gentleman from Texas, the point of order is sustained, and the 
amendment is not in order.
  The Clerk will read.
  The Clerk read as follows:

                       federal protective service

       The revenues and collections of security fees credited to 
     this account, not to exceed $516,011,000, shall be available 
     until expended for necessary expenses related to the 
     protection of federally-owned and leased buildings and for 
     the operations of the Federal Protective Service.

                              construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $26,281,000, to remain available 
     until expended.

                 Transportation Security Administration

                           aviation security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $4,704,414,000, to remain available until September 30, 2008, 
     of which not to exceed $3,000 shall be for official reception 
     and representation expenses: Provided, That of the total 
     amount made available under this heading, not to exceed 
     $3,740,866,000 shall be for screening operations, of which 
     $136,000,000 shall be available only for procurement of 
     checked baggage explosive detection systems and $94,000,000 
     shall be available only for installation of checked baggage 
     explosive detection systems; and not to exceed $963,548,000 
     shall be for aviation security direction and enforcement: 
     Provided further, That security service fees authorized under 
     section 44940 of title 49, United States Code, shall be 
     credited to this appropriation as offsetting collections and 
     shall be available only for aviation security: Provided 
     further, That the sum herein appropriated from the General 
     Fund shall be reduced on a dollar-for-dollar basis as such 
     offsetting collections are received during fiscal year 2007, 
     so as to result in a final fiscal year appropriation from the 
     General Fund estimated at not more than $2,284,414,000: 
     Provided further, That any security service fees collected in 
     excess of the amount made available under this heading shall 
     become available during fiscal year 2008: Provided further, 
     That notwithstanding section 44923 of title 49, United States 
     Code, the share of the cost of the Federal Government for a 
     project under any letter of intent shall be 75 percent for 
     any medium or large hub airport and not more than 90 percent 
     for any other airport, and all funding provided by section 
     44923(h) of title 49, United States Code, or from 
     appropriations authorized under section 44923(i)(1) of title 
     49, United States Code, may be distributed in any manner 
     deemed necessary to ensure aviation security and to fulfill 
     the Government's planned cost share under existing letters of 
     intent: Provided further, That no funding may be obligated 
     for air cargo security, other than that for air cargo 
     inspectors, canines, and screeners, until a detailed air 
     cargo security action plan addressing each of the 
     recommendations contained in the 2005 Government 
     Accountability Office Report (GAO-06-76) on domestic air 
     cargo security is provided to the Committee on Appropriations 
     and Committee on Homeland Security of the House of 
     Representatives: Provided further, That beginning in fiscal 
     year 2007 and thereafter, reimbursement for security services 
     and related equipment and supplies provided in support of 
     general aviation access to the Ronald Reagan Washington 
     National Airport shall be credited to this appropriation and 
     shall be available until expended solely for those purposes: 
     Provided further, That none of the funds in this Act shall be 
     used to recruit or hire personnel into the Transportation 
     Security Administration which would cause the agency to 
     exceed a staffing level of 45,000 full-time equivalent 
     screeners.

                    surface transportation security

       For necessary expenses of the Transportation Security 
     Administration related to providing surface transportation 
     security activities, $37,200,000, to remain available until 
     September 30, 2008.


           transportation threat assessment and credentialing

       For necessary expenses for the development and 
     implementation of screening programs of the Office of 
     Transportation Threat Assessment and Credentialing, 
     $74,700,000, to remain available until September 30, 2008.

                    transportation security support

       For necessary expenses of the Transportation Security 
     Administration related to providing transportation security 
     support and intelligence pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597; 49 U.S.C. 40101 note), $523,283,000, to remain available 
     until September 30, 2008: Provided, That of the funds 
     appropriated under this heading, $5,000,000 may not be 
     obligated until the Secretary of Homeland Security submits to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a detailed expenditure plan for explosive 
     detection systems refurbishment, procurement, and 
     installations on an airport-by-airport basis for fiscal year 
     2007: Provided further, That this plan shall be submitted no 
     later than 60 days from the date of enactment of this Act.


                   Amendment Offered by Mr. Fossella

  Mr. FOSSELLA. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Fossella:
       Page 18, line 22, after the dollar amount insert ``(reduced 
     by $20,000,000)''.
       Page 28, line 23, after the dollar amount insert 
     ``(increased by $20,000,000)''.
       Page 29, line 15, after the dollar amount insert 
     ``(increased by $20,000,000)''.
       Page 29, line 18, after the dollar amount insert 
     ``(increased by $20,000,000)''.


[[Page H3326]]


  Mr. FOSSELLA (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 
New York?
  There was no objection.
  Mr. FOSSELLA. Mr. Chairman, I rise in support of the Fossella-Crowley 
amendment, and I first want to thank Chairman Rogers for the tough task 
he has of putting together a good bill.
  My amendment would increase by $20 million the High Density Urban 
Area Program by transferring that same amount from the TSA 
Transportation Security Support appropriation of $523 million. The 
President's budget funded the High Density Urban Area Grant Program, 
also known as UASI grants, at $838 million. The underlying legislation 
funds it at $750 million, an $88 million shortfall.
  In short, Mr. Chairman, we are here in large part because of what 
happened on September 11. It happened in 2001 and it happened in New 
York City. So it is a grim reminder of what needs to be done in 
protecting our homeland. Just yesterday, a Pakistani man was convicted 
for plotting to plant a bomb at the Herald Square subway station in 
midtown Manhattan.
  It is clear that New York City, like other major cities, still 
remains exhibit A, and this grant program helps cities combat 
terrorism. New York City alone dedicates $200 million and 1,000 police 
officers to combat terrorism, and they are still $263 million short to 
do that for the people of New York City and those who tour.
  Mr. Chairman, I urge the adoption of this amendment.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. FOSSELLA. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I want to congratulate the 
gentleman. This is an excellent amendment. It increases the funding for 
the UASI program for the cities the Department has determined are at 
greatest risk.
  Mr. GARRETT of New Jersey. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I join proudly with my colleagues, Mr. Fossella and Mr. 
Crowley from just across the river, on introducing this very important 
amendment.
  The Secretary of Homeland Security, Michael Chertoff, has stated that 
the administration will continue to champion funding based on risk and 
needs in order to ``ensure that our finite resources are allocated and 
prioritized successfully.''
  UASI recipients are determined through a robust risk formula that 
considers three primary variables: consequences, vulnerability, and 
threats. Factors such as the presence of international borders, 
population and population density, the location of critical 
infrastructures, formal mutual aid cooperation, law enforcement 
investigations, and enforcement activities are also considered in 
correlation with the risk formula developed under this.
  These risk factors are precisely the kind of factors that should be 
the ones that govern more of our homeland security spending. Simply 
put, money needs to go where the threat is. Places like New York City 
and northern New Jersey are those risk areas. Our police departments, 
our fire departments, our emergency management officials, all these men 
and women are doing their best to prevent terrorist attacks and prepare 
for worst-case scenarios. So we here in Congress should do our best to 
see that those in the most risky areas get the tools they need to keep 
America safe.
  Mr. FOSSELLA. Mr. Chairman, will the gentleman yield?
  Mr. GARRETT of New Jersey. I yield to the gentleman from New York.
  Mr. FOSSELLA. I just would like to thank my colleague from New York 
as well, Mr. Crowley, for being supportive; and perhaps the gentleman 
from New Jersey would yield to the gentleman from New York (Mr. 
Crowley).
  Mr. GARRETT of New Jersey. I would be glad to yield.
  Mr. CROWLEY. Mr. Chairman, I thank the gentleman from New York and 
the gentleman from New Jersey for yielding. I also want to thank the 
chairman for allowing this discussion here this evening, as well as the 
ranking member, and for their agreeing to this amendment.
  This $20 million to this much-needed fund will not only support New 
York City and New Jersey but other major metropolises around the 
country, high-threat, high-risk areas. I thank you again for your 
support for this amendment, in particular my cosponsor of the 
amendment, Mr. Fossella.
  Mr. Chairman, first, after talks with the Majority and Minority, I 
understand this amendment will be accepted by the Chair and Ranking 
Member, and I thank you for that.
  I understand the Committee may have some concerns about this 
program--but it has proven itself for our major urban areas.
  Working in a bipartisan manner, Representative Serrano, 
Representative Bill Young, Representative Fossella and myself sat down 
and crafted this program for the FY 2003 Omnibus, recognizing a gaping 
hole in homeland security funds for our major urban areas--those high 
target areas, like New York City, Houston, Washington, DC or Chicago, 
among other major cities.
  The gaping hole was our government's ignoring the unique and most 
pressing needs of our major urban areas, therefore, the birth of the 
High Threat, High Density Urban Area Program.
  This program is the only homeland security program specifically 
targeted towards those municipalities with the greatest threat and 
vulnerability for terror attacks.
  With skewed homeland security formulas distributing a portion of all 
funds equally to all states--ignoring basic security realities--this 
program is a breath of fresh air, providing funds to those areas deemed 
at greatest risk of attack.
  This program has been extremely successful over the years and has 
provided resources to those communities at greatest risk of attack.
  Unfortunately, and not due to the hard work of Chairman Rogers or 
Ranking Member Sabo, this year's Homeland Security bill reduces the 
funding for this important high threat high density program by over $7 
million below last year's enacted amount.
  This amendment increases this urban area account by $20 million--or 
an increase of $12.7 million over last year and $20 million greater 
then in this original bill. We offset this funding from TSA--
Headquarters Administration.
  As Representative Fossella stated our offset is aimed at the $292 
million in the bill allocated for funding their Headquarters 
Administration at TSA--not for the intelligence or intelligence 
technology under the TSA title.
  This offset does not threaten air safety or national security. In 
fact, our amendment will increase the security of Americans. This urban 
area program is the front line program to fund first responders, 
firefighters, EMT's and others who are on the front line defending our 
cities everyday from terrorist threats.
  I was recently in 81. Louis with my colleague Russ Carnahan who 
invited me to the Arch Way, to talk about the pressing needs of first 
responders and how our Federal Government continues to underfund the 
frontline in the war on terror.
  We need to send a message to the firefighters, police officers, EMT's 
and others that we will as a Congress stand behind these everyday 
heroes to ensure that they receive the assistance they need to do their 
job.
  I am pleased that this amendment will be accepted and, I thank the 
Chair and Ranking Member.

                              {time}  2015

  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New York (Mr. Fossella).
  The amendment was agreed to.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the last word.
  We are making good progress on the bill. I would encourage Members 
who have amendments who want to be heard to come to the floor to be 
available to offer their amendments so we can move through this process 
as quickly as possible. I would hope Members would be here to offer 
their amendments.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                          federal air marshals

       For necessary expenses of the Federal Air Marshals, 
     $699,294,000.

                       United States Coast Guard

                           operating expenses

       For necessary expenses for the operation and maintenance of 
     the United States Coast Guard not otherwise provided for; 
     purchase or lease of not to exceed 25 passenger motor 
     vehicles, which shall be for replacement only; payments 
     pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
     note); and recreation and welfare; $5,481,643,000, of which 
     $340,000,000 shall be for defense-related activities; of 
     which $24,255,000 shall be derived from the Oil Spill 
     Liability Trust Fund

[[Page H3327]]

     to carry out the purposes of section 1012(a)(5) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which 
     not to exceed $3,000 shall be for official reception and 
     representation expenses: Provided, That none of the funds 
     made available by this or any other Act shall be available 
     for administrative expenses in connection with shipping 
     commissioners in the United States: Provided further, That 
     none of the funds made available by this Act shall be for 
     expenses incurred for yacht documentation under section 12109 
     of title 46, United States Code, except to the extent fees 
     are collected from yacht owners and credited to this 
     appropriation.


                environmental compliance and restoration

       For necessary expenses to carry out the environmental 
     compliance and restoration functions of the United States 
     Coast Guard under chapter 19 of title 14, United States Code, 
     $11,880,000, to remain available until expended.

                            reserve training

       For necessary expenses of the Coast Guard Reserve, as 
     authorized by law; operations and maintenance of the reserve 
     program; personnel and training costs; and equipment and 
     services; $122,348,000.

              acquisition, construction, and improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law; 
     $1,139,663,000, of which $19,800,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $24,750,000 shall be available 
     until September 30, 2011, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $15,000,000 shall be available until September 30, 2011, to 
     increase aviation capability; of which $101,823,000 shall be 
     available until September 30, 2009, for other equipment; of 
     which $24,450,000 shall be available until September 30, 
     2009, for shore facilities and aids to navigation facilities; 
     of which $81,000,000 shall be available for personnel 
     compensation and benefits and related costs; and of which 
     $892,640,000 shall be available until September 30, 2011, for 
     the Integrated Deepwater Systems program: Provided, That the 
     Commandant of the Coast Guard is authorized to dispose of 
     surplus real property, by sale or lease, and the proceeds 
     shall be credited to this appropriation as offsetting 
     collections and shall be available until September 30, 2009: 
     Provided further, That the Secretary of Homeland Security 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives, in conjunction with 
     the President's fiscal year 2008 budget, a review of the 
     Revised Deepwater Implementation Plan that identifies any 
     changes to the plan for the fiscal year; an annual 
     performance comparison of Deepwater assets to pre-Deepwater 
     legacy assets; a status report of legacy assets; a 
     description of the competitive process conducted in all 
     contracts and subcontracts exceeding $5,000,000 within the 
     Deepwater program; and the earned value management system 
     gold card data for each Deepwater asset: Provided further, 
     That the Secretary shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a comprehensive review of the Revised Deepwater 
     Implementation Plan every five years, beginning in fiscal 
     year 2011, that includes a complete projection of the 
     acquisition costs and schedule for the duration of the plan 
     through fiscal year 2027: Provided further, That the 
     Secretary shall annually submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, a future-years capital investment plan for the Coast 
     Guard that identifies for each capital budget line item--
       (1) the proposed appropriation included in that budget;
       (2) the total estimated cost of completion;
       (3) projected funding levels for each fiscal year for the 
     next five fiscal years or until project completion, whichever 
     is earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) changes, if any, in the total estimated cost of 
     completion or estimated completion date from previous future-
     years capital investment plans submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives:

     Provided further, That the Secretary shall ensure that 
     amounts specified in the future-years capital investment plan 
     are consistent to the maximum extent practicable with 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the Coast Guard in the 
     President's budget as submitted under section 1105(a) of 
     title 31, United States Code, for that fiscal year: Provided 
     further, That any inconsistencies between the capital 
     investment plan and proposed appropriations shall be 
     identified and justified: Provided further, That no funding 
     may be obligated for the Rescue 21 vessel subsystem until a 
     vessel solution has been provided to the Committee on 
     Appropriations of the House of Representatives.


                         alteration of bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, as authorized by section 6 of the 
     Truman-Hobbs Act (33 U.S.C. 516), $17,000,000, to remain 
     available until expended.


              Research, Development, Test, and Evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized by law; $13,860,000, to remain 
     available until expended, of which $495,000 shall be derived 
     from the Oil Spill Liability Trust Fund to carry out the 
     purposes of section 1012(a)(5) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 
     credited to and used for the purposes of this appropriation 
     funds received from State and local governments, other public 
     authorities, private sources, and foreign countries for 
     expenses incurred for research, development, testing, and 
     evaluation.


                              retired pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent receipts and combat-related 
     special compensation under the National Defense Authorization 
     Act, and payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,063,323,000.

                      United States Secret Service


                protection, administration, and training

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 755 vehicles for police-
     type use, of which 624 shall be for replacement only, and 
     hire of passenger motor vehicles; purchase of American-made 
     motorcycles; hire of aircraft; services of expert witnesses 
     at such rates as may be determined by the Director of the 
     Secret Service; rental of buildings in the District of 
     Columbia, and fencing, lighting, guard booths, and other 
     facilities on private or other property not in Government 
     ownership or control, as may be necessary to perform 
     protective functions; payment of per diem or subsistence 
     allowances to employees where a protective assignment during 
     the actual day or days of the visit of a protectee requires 
     an employee to work 16 hours per day or to remain overnight 
     at a post of duty; conduct of and participation in firearms 
     matches; presentation of awards; travel of United States 
     Secret Service employees on protective missions without 
     regard to the limitations on such expenditures in this or any 
     other Act if approval is obtained in advance from the 
     Committees on Appropriations of the Senate and the House of 
     Representatives; research and development; grants to conduct 
     behavioral research in support of protective research and 
     operations; and payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; $954,399,000, of which not to exceed $25,000 shall 
     be for official reception and representation expenses: 
     Provided, That up to $18,000,000 provided for protective 
     travel shall remain available until September 30, 2008: 
     Provided further, That of the total amount provided under 
     this heading, $2,000,000 shall not be available for 
     obligation until the Director of the Secret Service submits a 
     comprehensive workload re-balancing report to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives that includes funding and position 
     requirements for current investigative and protective 
     operations: Provided further, That the United States Secret 
     Service is authorized to obligate funds in anticipation of 
     reimbursements from Executive agencies and entities, as 
     defined in section 105 of title 5, United States Code, 
     receiving training sponsored by the James J. Rowley Training 
     Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available under this heading at the end of the fiscal year.


                  investigations and field operations

       For necessary expenses for investigations and field 
     operations of the United States Secret Service, not otherwise 
     provided for, including costs related to office space and 
     services of expert witnesses at such rates as may be 
     determined by the Director of the Secret Service, 
     $312,499,000, of which not to exceed $100,000 shall be to 
     provide technical assistance and equipment to foreign law 
     enforcement organizations in counterfeit investigations; of 
     which $2,366,000 shall be for forensic and related support of 
     investigations of missing and exploited children; and of 
     which $5,445,000 shall be a grant for activities related to 
     the investigations of missing and exploited children and 
     shall remain available until expended.


                           Special Event Fund

       For necessary expenses of the United States Secret Service 
     to perform protective functions related to special events, 
     $20,900,000, to remain available until expended, of which 
     $18,400,000 shall be for protection activities related to 
     presidential campaigns in the United States, and of which 
     $2,500,000 shall be for extraordinary costs of National 
     Special Security Events.


     acquisition, construction, improvements, and related expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $3,725,000, to remain

[[Page H3328]]

     available until expended: Provided further, That of the total 
     amount provided under this heading, $1,000,000 shall not be 
     available for obligation until the Director of the Secret 
     Service submits a revised master plan to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for the James J. Rowley Training Center.

                  TITLE III--PREPAREDNESS AND RECOVERY

                              Preparedness

                    Under Secretary for Preparedness

       For salaries and expenses of the Office of the Under 
     Secretary for Preparedness, the Office of the Chief Medical 
     Officer, and the Office of National Capital Region 
     Coordination, $39,468,000, of which $15,000,000 shall be for 
     the National Preparedness Integration Program: Provided, That 
     not to exceed $7,000 shall be for official reception and 
     representation expenses: Provided further, That of the 
     amounts appropriated under this heading, $4,400,000 shall not 
     be available for obligation until the Secretary of Homeland 
     Security submits to the Committees on Appropriations of the 
     Senate and the House of Representatives the final National 
     Preparedness Goal.


                    Amendment Offered by Mr. Jindal

  Mr. JINDAL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Jindal:
       Page 28, line 9, after the first dollar amount, insert the 
     following: ``(increased by $9,000,000) (reduced by 
     $9,000,000)''.

  Mr. JINDAL. Mr. Chairman, I have an amendment to enhance the real-
time capabilities assessments. The events of Hurricanes Katrina and 
Rita highlighted serious flaws and deficiencies in our national 
response plan, the National Incident Management System, and State and 
local regional responses that were caused by a lack of valid, real-time 
data related to resident capabilities.
  For example, one Texas community had an overflow of special needs 
residents that were using dance studios, abandoned shopping centers 
even though it was determined later there were over 10,000 special 
needs beds available within 100 miles.
  The city of New Orleans had an emergency excavation plan, but it 
couldn't be executed as written because assumed capabilities not 
functional and prior coordination of assets were not implemented. 
Response plans called for the utilization of National Guard troops even 
though at the time of Hurricane Katrina one of the designated units was 
deployed to Iraq.
  Hundreds of thousands of hours were spent on phone calls and e-mails 
to obtain real-time capability information, finding suitable 
replacements or options, or to redirecting assets from locations with 
excess capabilities to those with critical needs.
  The underlying bill takes important steps to build upon the existing 
Department of Homeland Security requirements to build a national 
assessment and reporting system by September 30, 2006.
  The intent of my amendment is to further direct the Department to 
develop a system that verifies and validates in real-time what 
qualified assets are available in order to meet emergent or anticipated 
events, even when the information supplied is coming from disparate or 
incompatible databases.
  These technologies are already being used by the Department of 
Defense and should be applied toward DHS preparedness goals.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. JINDAL. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. The gentleman has offered an excellent 
amendment, and we accept it.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Jindal).
  The amendment was agreed to.
  Mr. TIAHRT. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I intended to offer and withdraw an amendment tonight 
in order to make the point that over the last generation, Congress has 
created barriers to keeping and creating jobs in America.
  One of those barriers is excessive regulations, and I was trying to 
make the point that whenever this government makes regulations, they 
should take into consideration that the competitiveness of America is 
very important, not only for today and today's economy, but for the 
next economy.
  Many countries are preparing for the future economy, and this country 
seems to be trying to erect new barriers to making us more competitive.
  In deference to the Members' time tonight, I know the hour is getting 
late and we have much work to accomplish, I will not be offering the 
amendment. But I do want to leave the House with this point, that we 
must look forward to the next economy and remove barriers that have 
been created so we can bring jobs back to America and create more jobs.
  Mr. JINDAL. Mr. Chairman, I have an amendment at the desk.
  The CHAIRMAN. At what point in the bill is your amendment?
  Mr. JINDAL. It is in title III, page 34.
  The CHAIRMAN. The reading has not progressed to that point yet.
  Without objection, we will proceed to that point in the bill.
  There was no objection.
  The text of the bill through page 35, line 13 is as follows:

                     Office of Grants and Training

                        state and local programs

       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $2,524,000,000, which shall be 
     allocated as follows:
       (1) $545,000,000 for formula-based grants and $400,000,000 
     for law enforcement terrorism prevention grants pursuant to 
     section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): 
     Provided, That the application for grants shall be made 
     available to States within 45 days from the date of enactment 
     of this Act; States shall submit applications within 90 days 
     after the grant announcement; and the Office of Grants and 
     Training shall act within 90 days after receipt of an 
     application: Provided further, That no less than 80 percent 
     of any grant under this paragraph to a State shall be made 
     available by the State to local governments within 60 days 
     after the receipt of the funds.
       (2) $1,165,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $750,000,000 shall be for use in high-threat, high-
     density urban areas;
       (B) $200,000,000 shall be for port security grants pursuant 
     to the purposes of section 70107(a) through (h) of title 46, 
     United States Code, which shall be awarded based on risk and 
     threat notwithstanding subsection (a), for eligible costs as 
     described in subsections (b)(2) through (4);
       (C) $5,000,000 shall be for trucking industry security 
     grants;
       (D) $10,000,000 shall be for intercity bus security grants;
       (E) $150,000,000 shall be for intercity rail passenger 
     transportation (as defined in section 24102 of title 49, 
     United States Code), freight rail, and transit security 
     grants; and
       (F) $50,000,000 shall be for buffer zone protection grants:

     Provided, That for grants under subparagraph (A), the 
     application for grants shall be made available to States 
     within 45 days after the date of enactment of this Act; 
     States shall submit applications within 90 days after the 
     grant announcement; and the Office of Grants and Training 
     shall act within 90 days after receipt of an application: 
     Provided further,  That no less than 80 percent of any grant 
     under this paragraph to a State shall be made available by 
     the State to local governments within 60 days after the 
     receipt of the funds.
       (3) $75,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program.
       (4) $339,000,000 for training, exercises, technical 
     assistance, and other programs:

     Provided, That none of the grants provided under this heading 
     shall be used for the construction or renovation of 
     facilities, except for a minor perimeter security project, 
     not to exceed $1,000,000, as determined necessary by the 
     Secretary of Homeland Security: Provided further, That the 
     preceding proviso shall not apply to grants under 
     subparagraphs (B), (E), and (F) of paragraph (2) of this 
     heading: Provided further, That grantees shall provide 
     additional reports on their use of funds, as determined 
     necessary by the Secretary of Homeland Security: Provided 
     further, That funds appropriated for law enforcement 
     terrorism prevention grants under paragraph (1) of this 
     heading and discretionary grants under paragraph (2)(A) of 
     this heading shall be available for operational costs, to 
     include personnel overtime and overtime associated with the 
     Office of Grants and Training certified training, as needed.


                     firefighter assistance grants

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $540,000,000, of which $500,000,000 shall be 
     available to carry out section 33 of such Act (15 U.S.C. 
     2229) and $40,000,000 shall be available to carry out section 
     34 of such Act (15 U.S.C. 2229a), to remain available until 
     September 30, 2008: Provided, That not to exceed 5 percent of 
     this amount shall be available for program administration.

                emergency management performance grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of

[[Page H3329]]

     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $186,000,000: Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     appropriation.

              Radiological Emergency Preparedness Program

       The aggregate charges assessed during fiscal year 2007, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall 
     not be less than 100 percent of the amounts anticipated by 
     the Department of Homeland Security to be necessary for its 
     radiological emergency preparedness program for such fiscal 
     year: Provided, That the methodology for assessment and 
     collection of fees shall be fair and equitable and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees: Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2007, 
     and remain available until expended.

             United States Fire Administration and Training

       For necessary expenses of the United States Fire 
     Administration and for other purposes, as authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.) and the Homeland security Act of 2002 (6 U.S.C. 
     101 et seq.), $46,849,000.

           Infrastructure Protection and Information Security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.), $549,140,000, of which $464,490,000 shall 
     remain available until September 30, 2008: Provided, That of 
     the amount made available under this heading, $10,000,000 
     shall not be available for obligation for management and 
     administration until the Department of Homeland Security has 
     released the National Infrastructure Protection Plan: 
     Provided further, That of the amount made available under 
     this heading, $10,000,000 shall not be available for 
     obligation for management and administration until the 
     Department has submitted its national security strategy for 
     the chemical sector report.

                  Federal Emergency Management Agency

                 administrative and regional operations

       For necessary expenses for administrative and regional 
     operations, $254,499,000, including activities authorized by 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.), the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
     sections 107 and 303 of the National Security Act of 1947 (50 
     U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.): Provided, That not to exceed $3,000 shall be for 
     official reception and representation expenses.


             readiness, mitigation, response, and recovery

       For necessary expenses for readiness, mitigation, response, 
     and recovery activities, $238,199,000, including activities 
     authorized by the National Flood Insurance Act of 1968 (42 
     U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
     Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 
     seq.), the Defense Production Act of 1950 (50 U.S.C. App. 
     2061 et seq.), sections 107 and 303 of the National Security 
     Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 
     of 1978 (5 U.S.C. App.), and the Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.): Provided, That of the total 
     amount made available under this heading, $20,000,000 shall 
     be for Urban Search and Rescue Teams, of which not to exceed 
     $1,600,000 may be made available for administrative costs: 
     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 
     Committees on Appropriations of the Senate and the House of 
     Representatives a catastrophic planning expenditure plan.


                    Amendment Offered by Mr. Jindal

  Mr. JINDAL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Jindal:
       Page 34, line 20, after the dollar amount insert 
     ``(increased by $1,000,000) (reduced by $1,000,000)''.

  Mr. JINDAL. Mr. Chairman, I have an amendment to reduce FEMA waste, 
fraud, and abuse.
  In the wake of Hurricanes Katrina and Rita, FEMA provided $2,000 in 
individual and household program payments to affected households. 
Individuals could apply for disaster assistance using the Internet or 
telephone.
  As of mid-December, such payments totaled $5.4 billion with almost 
half of that, $2.3 billion, in the form of expedited assistance.
  According to Social Security Administration data, FEMA made millions 
of dollars in payments to thousands of registrants who submitted false 
Social Security numbers. According to a GAO study, 165 of 248 sampled 
registrations contained false Social Security numbers, and 80 of 200 
alleged disaster addresses were false.
  This amendment says that FEMA should implement a fully tested process 
that can provide real-time access to data required to validate 
identities and addresses for those seeking disaster assistance.
  While FEMA has taken certain steps to curtail waste, fraud and abuse 
within its program, more needs to be done.
  The intent of my amendment is to direct FEMA to implement an identity 
verification system that assures disaster assistance payments are made 
only to qualified individuals. In a statement I will submit for the 
Record, I have some specific criteria that will be used.
  The intent of my amendment is to allocate $1 million to FEMA to 
implement an identity verification system that assures disaster 
assistance payments are made only to qualified individuals.
  Specifically by (1) establishing detailed criteria for registration 
and provide clear instructions to registrants on the identification 
information required, (2) creating a field within registration that 
asks registrants to provide their name exactly as it appears on their 
Social Security Card in order to prevent name and social security 
mismatches, (3) fully field testing the identity verification process 
prior to implementation, (4) ensuring that call center employees give 
real-time feedback to registrants on whether their identities have been 
validated, and (5) establishing a process that uses alternative means 
of identity verification to expeditiously handle legitimate applicants 
that are rejected by identity verification controls.
  I want to thank the chairman and ranking member for their work on 
this bill and their consideration of my amendment.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. JINDAL. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. The gentleman has offered another excellent 
amendment, and we are happy to accept it.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Jindal).
  The amendment was agreed to.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move that the Committee do 
now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Jindal) having assumed the chair, Mr. Gillmor, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 5441) 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes, had come 
to no resolution thereon.

                          ____________________