[Congressional Record Volume 152, Number 70 (Tuesday, June 6, 2006)]
[House]
[Pages H3380-H3384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007

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

                              {time}  1831


                     In the Committee of the Whole

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


          Sequential Votes Postponed in Committee of the Whole

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments on which further proceedings were 
postponed in the following order:
  Amendment by Mr. King of Iowa.
  Amendment by Mr. Kingston of Georgia.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment Offered by Mr. King of Iowa

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


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 218, 
noes 179, not voting 35, as follows:

[[Page H3381]]

                             [Roll No. 223]

                               AYES--218

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

                               NOES--179

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

                             NOT VOTING--35

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

                              {time}  1903

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


                   Amendment Offered by Mr. Kingston

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


                             Recorded Vote

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

                             [Roll No. 224]

                               AYES--293

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

[[Page H3382]]


     Turner
     Udall (CO)
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                               NOES--107

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

                             NOT VOTING--32

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


                  Announcement by the Acting Chairman

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

                              {time}  1909

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

                              {time}  1915

  The September 11 hijackers did not care about the total amount of 
critical infrastructure in a specific region. They sought to destroy 
symbolic targets full of thousands of Americans. Our preparedness 
effort should reflect this fact.
  Unless the motion to recommit is adopted, first responder funding 
will once again be slashed. In the last 5 years, terrorists have 
murdered thousands in New York, Washington, Madrid and London. Within 
the past 2 hours, the Canadian government has stated that the 
terrorists they arrested last week planned to storm Parliament and 
behead the prime minister.
  Now, my colleagues, this should sound an alarm that now is not the 
time to reduce funding to prevent, prepare and respond to attacks in 
areas that face the greatest risk. We must pay now to protect our 
country or we will pay later.
  Mr. OBEY. Mr. Chairman, let me simply explain that the Lowey motion 
to recommit will be with instructions to report it back forthwith to 
the House with an amendment adding an additional $750 million for State 
and local formula-based grants and high-threat, high-density urban area 
grants so that no State or urban area receives funding below which it 
received in 2005 or 2006, whichever is higher, and is offset by a 1.8 
percent reduction in the tax reduction resulting from the enactment of 
Public Laws 107-16, et cetera, for taxpayers with incomes in excess of 
$1 million for calendar year 2007.
  Mr. STARK. Mr. Chairman, if there was any doubt, FEMA's performance 
during Hurricane Katrina proved the Department of Homeland Security's 
incompetence. I had hoped that more than 3 years after its creation, 
the Department would use common sense. But as DHS continues to violate 
Americans' civil liberties, pursue policies that make us no more 
secure, and misallocate funds, I cannot vote to throw good money after 
bad.
  H.R. 5441 will allow the TSA to spend $6.4 billion strip-searching 
grandmothers and small children. Yet multiple audits have found that 
despite this and other invasive techniques, the Department is no more 
likely to detect a weapon than were security personnel prior to 
September 11, 2001. Under this bill, DHS will continue to screen only 5 
percent of port containers and virtually no air cargo. Wyoming will 
still get about $27.80 per capita in homeland security funding while 
California will receive only about $8.05. I shudder to think how FEMA 
will handle the next large earthquake in the Bay Area when they can't 
even handle a hurricane with a week's warning.
  I vote ``no'' to DHS's misplaced priorities and urge my colleagues to 
stop supporting a dysfunctional agency.
  Mr. UDALL of Colorado. Mr. Chairman, I rise in support of the FY 2007 
Homeland Security Appropriations bill. This isn't a perfect bill, but 
it provides much needed funds to make our country safer.
  Total funding in the bill is increased by nearly $2 billion from this 
year's levels, with some increases from FY06 in Customs and Border 
Protection, Immigration and Customs Enforcement, the Federal Emergency 
Management Agency, and the Transportation Security Administration.
  Still, I'm concerned about shortfalls in the bill. First, although 
the bill increases funding for Border Patrol salaries and expenses over 
FY06 levels, it only funds 1,200 new Border Patrol agents, 300 less 
than requested by the Administration and 800 less than the 2007 level 
called for in the Intelligence Reform bill. Similarly, although the 
bill increases funding for salaries and expenses for Immigration and 
Customs Enforcement, it only funds about 4,800 additional detention 
beds, almost 2,000 less than requested by the administration and 3,200 
less than the 2007 level called for in the Intelligence Reform bill.
  The bill also cuts firefighter and SAFER grants by 11 percent, cuts 
air cargo security by $30 million, and cuts urban area security grants 
from FY06 levels.
  I opposed the amendment offered by Mr. Campbell which would block any 
Homeland

[[Page H3383]]

Security funding from going to State and local governments if their law 
enforcement is prohibited from reporting immigration information to the 
federal government.
  I believe that linking this provision to vital homeland security 
funds could have unintended consequences for our national security. 
Since 9/11, national security has become a national priority, and State 
and local governments play an essential role in assisting the 
Department of Homeland Security to improve the security in this 
country.
  Under current law passed in 1996, it is already illegal for law 
enforcement to restrict the reporting of immigration information to the 
federal government. I support this law, and believe it should be fully 
enforced. The efforts of state and local governments to enhance our 
security should not be undermined because the federal government has 
not properly enforced immigration law.
  We should be providing states with resources to improve security, not 
taking these resources away. By under-funding and allowing the 
weakening of security in some states and localities due to their lack 
of reporting illegal immigrants to immigration officials, the federal 
government would in effect be contributing to the weakening of our 
national security.
  Mr. Chairman, much remains to be done to improve our defenses against 
terrorism, hut this bill is an important step, and I will vote for it.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I rise to join my colleague 
from New York in expressing my extreme displeasure with the Department 
of Homeland Security's recent announcement regarding Urban Area 
Security Initiative grants.
  The outcome of DHS's process defies common sense. I am hard pressed 
to understand how the National Capital Region, one of the regions 
deemed most at risk in the United States, should incur such a drastic 
reduction in funding. The nation's capital bears a disproportionate 
burden in terms of homeland security costs and ensuring public safety 
needs. This region was one of two targets on September 11; it was the 
target of anthrax attacks and sniper shootings.
  To the best of my understanding, DHS's decision to reduce funding for 
the national capital area was based on the opinion that region's 
planning was inadequate. As of this date, I have not been briefed in 
detail on the process or criteria used to make this determination. This 
will be rectified when the Government Reform Committee holds a hearing 
on the subject on June 15th. For the time being, the entire evolution 
suggests unnecessary secrecy and an overemphasis on bureaucratic 
expertise.
  The risk doesn't go away if a region is planning poorly; rather, the 
risk to the citizen increases. I truly hope DHS would take the 
necessary steps to remediate an inadequate plan for UASI funds--to 
offer a region the help it apparently needs. Cutting funding should not 
be the method to address any alleged planning deficiencies.
  We have to protect the interests of the taxpayer, but we also have to 
protect the taxpayer. Much was made about the Department of Homeland 
Security's renewed emphasis on sending funds where the need was 
greatest. We're not getting off to a good start.
  The Acting CHAIRMAN. The Clerk will read the last two lines.
  The Clerk read as follows:

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

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


                Motion to Recommit Offered by Mrs. Lowey

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

       Mrs. Lowey moves to recommit the bill, H.R. 5441, to the 
     Committee on Appropriations with instructions to report the 
     same forthwith back to the House with an amendment providing 
     for an additional $750 million for state and local formula 
     based grants and high-threat, high-density urban area grants 
     so that no state or urban area receive funding below what it 
     received in 2005 or 2006, whichever is higher, and offset by 
     a 1.8 percent reduction in the tax reduction resulting from 
     the enactment of Public Laws 107-16, 108-27, and 108-311 for 
     taxpayers with income in excess of $1,000,000 for calendar 
     year 2007.


                             Point of Order

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

[[Page H3384]]

good faith that we showed by entering into the unanimous consent. That 
is why the point of order should be withdrawn.
  The SPEAKER pro tempore. Does any other Member wish to be heard on 
the point of order? If not, the Chair is prepared to rule.
  The motion to recommit proposes an amendment prescribing a new rule 
of law regarding the Federal income tax. As such, it constitutes 
legislation in violation of clause 2(c) of rule XXI.
  The point of order is sustained. The motion to recommit is not in 
order.
  Mrs. LOWEY. Madam Speaker, because this ruling defies the imagination 
of anybody living here in the United States of America, because of this 
ruling and the decision of this committee to cut back on homeland 
security funds and refuse to adjust them according to risk-threat 
vulnerability, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


           Motion to Table Offered by Mr. Rogers of Kentucky

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


                             Recorded Vote

  Mrs. LOWEY. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 207, 
noes 191, answered ``present'' 2, not voting 33, as follows:

                             [Roll No. 225]

                               AYES--207

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

                               NOES--191

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

                        ANSWERED ``PRESENT''--2

     Davis, Tom
     Wolf
       

                             NOT VOTING--33

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


                Announcement by the Speaker Pro Tempore

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

                              {time}  1942

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

                          ____________________