[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.''
____________________