[Congressional Record Volume 153, Number 120 (Wednesday, July 25, 2007)]
[House]
[Pages H8420-H8457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2008
The SPEAKER pro tempore. Pursuant to House Resolution 562 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 3093.
{time} 1306
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3093) making appropriations for the Departments of Commerce and
Justice, and Science, and Related Agencies for the fiscal year ending
September 30, 2008, and for other purposes, with Mr. Snyder in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from West Virginia (Mr. Mollohan) and the gentleman
from New Jersey (Mr. Frelinghuysen) each will control 30 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. MOLLOHAN. Mr. Chairman, today we're considering the fiscal year
2008 appropriations bill for the Departments of Commerce, Justice,
Science and Related Agencies.
Before I get into the substance of the bill, Mr. Chairman, I want to
thank my ranking member, Rodney Frelinghuysen, for his important
contributions to this bill. He's done an outstanding job. He's been a
terrific partner, and I respect and appreciate the expertise that he
brings to our subcommittee. He has a strong commitment to our law
enforcement agencies and grant programs for at-risk individuals. Mr.
Chairman, he's demonstrated a real desire to make sure that the U.S.
has adequate resources to negotiate fair trade agreements and the means
to obtain an accurate census. I thank him for his assistance. I
sincerely also want to thank his personal staff, Katie Hazlett and
Nancy Fox, and minority staff, Frank Cushing and Mike Ringler, for
their help during this whole process.
Mr. Chairman, I also want to express my thanks to Chairman David Obey
who has done an excellent job leading the Appropriations Committee
through a hectic year that began with a continuing resolution.
I also want to express my sincere gratitude to a tremendous
subcommittee staff. This bill would not have been possible without the
extreme hard work of Michelle Burkett, Meg
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Thompson, Marjorie Duske, Tracey LaTurner, Dennis Dauphin and Jennifer
Eskra, who sacrificed long hours many days to complete this bill.
I also appreciate the strong efforts and expertise of the full
committee, including majority staff director Rob Nabors, John Daniel,
David Reich, and Leslie Turner.
Lastly, I want to recognize my personal staff for their hard work,
Sally Moorhead and Julie Aaronson, who have done a tremendous job
working on the bill as well.
Now, Mr. Chairman, turning to the substance of the bill. Mr.
Chairman, this bill totals $53.6 billion in spending and was formulated
with input gathered from 24 hearings, including agencies that had not
had a hearing since fiscal year 2005. We also heard expert testimony
from outside witnesses regarding law enforcement needs, the importance
of scientific research for our Nation's competitiveness, and the need
for Federal investment in local and regional economic development.
Through these hearings, we developed a fair and bipartisan
appropriations bill that responds to legislative priorities supported
on both sides of the aisle. Those priorities include both programmatic
funding and congressionally directed spending for projects in
individual districts. Pursuant to the strong rules put in place by the
House and the full Appropriations Committee this year, designated
funding has been cut in half from the fiscal year 2006 enacted level,
and oversight has been increased by examining closely and carefully
each earmark request and the accompanying certification letters.
In several areas in the bill, Mr. Chairman, this subcommittee has
eliminated earmarks and instead has created competitive accounts in
which eligible entities may compete by submitting proposals to the
agency for Federal funding. This process will increase transparency,
spur innovative solutions, and allow programs nationwide to compete in
the marketplace of ideas.
Mr. Chairman, I'm particularly pleased that this subcommittee, which
funds the major science agencies for the Federal Government, has taken
on the issue of climate change. This bill funds $1.9 billion worth of
climate change initiatives, an increase of $164 million above the
President's request. Now that the scientific community has determined
that global warming and the resulting climate changes are real
phenomena, we must identify steps to be taken and strategies to be
adopted in response to global climate change, and this bill does so by
funding new programs in the Department of Commerce, in NASA, and in the
National Science Foundation. Some of the climate change initiatives in
this bill include:
Funds to improve data collection associated with understanding global
climate change, including restoring critically important sensors on the
National Polar-orbiting Operating Environmental Satellite System,
NPOESS;
Second, funding increases for competitive climate research grants in
NOAA's operating, research and facilities account;
Third, two new education programs directed at climate change as
recommended by the National Academies;
Fourth, additional funds to the Marine Mammal Commission for
monitoring mammal adaptation to climate change;
And, finally, Mr. Chairman, $6 million in NOAA for an investigation
and study by the National Academy of Sciences on climate change.
This climate change study by the National Academy of Sciences will be
a science-driven report examining the climate change data that has been
collected in the last decade to provide the Federal Government, the
business sector and other interested parties with an understanding of
what we know and what we don't know about climate change and the
options for how to proceed in the future. This landmark study process
will begin with a 3-day climate change summit, at which top experts in
the field will gather to determine the study's scope and topics. This
subcommittee will take great efforts in this process to assure that
agency agendas and politics do not get in the way of good science
guidance to this country which it needs to move forward.
Mr. Chairman, perhaps the most vital theme in this bill is law
enforcement and protection for our communities. The job of funding the
Department of Justice was made more challenging by funding holes in the
President's inadequate budget request. In this bill, we increased
funding for the Department of Justice above the President's request by
$1.68 billion for a total funding for the Department of Justice of
$23.9 billion.
The President requested $1.475 billion for State and local law
enforcement. Well, this was $1.4 billion below the fiscal year 2007
enacted level, thus creating a huge hole in the bill.
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The bill provides $3.195 billion for State and local law enforcement,
and that is a 53 percent increase above the President's request and a
10 percent increase above fiscal year 2007 levels.
The President's request would eliminate the existing Office of
Justice Program's formula program and discretionary grants, and create
three vaguely defined initiatives to be administered under the sole
discretion of the Attorney General. This bill rejects the
administration's proposal and provides funds directly to State and
local law enforcement.
Other key funding increases in the Department of Justice include two
new competitive grant programs. The first is the Youth Mentoring
Grants, funded at $100 million. The second, a $10 million program, will
provide competitive grants to programs of national significance to
prevent crime and improve the administration of justice or assist
victims of crime. This bill provides $725 million for the Community
Oriented Policing Services programs, which played a vital major role in
reducing crime in the 1990s.
Within this total, $100 million is for restarting the COPS hiring
program, which has not been funded since 2005. Many Members contacted
the subcommittee and myself and the ranking member with regard to the
COPS program. I am very pleased that we were able to restart this COPS
hiring program, which was extremely effective in reducing that crime
rate in the 1990s.
This bill also offers comprehensive funding to help State and local
law enforcement address the methamphetamine epidemic, including $600
million in Justice Assistance Grants, $85 million for meth-specific
COPS grants, $40 million for Drug Court programs, $10 million for State
Prison Treatment Drug Programs, and $20.6 million for DEA Mobile
Enforcement teams, which Mr. Frelinghuysen was so instrumental in
advocating. The President proposed to terminate all of these programs.
The bill also provides funding for Southwest Border Methamphetamine
Enforcement. The bill increases funding for Violence Against Women Act,
the VAWA programs, by $60 million for a total funding of $430 million,
and rejects the President's proposal for VAWA's 14 grant programs.
Tremendous interest among both the parties, Democrats, Republicans, for
VAWA, and we are very pleased to bring a bill to the floor that can
increase the violence against women programs by $60 million, I repeat,
for a total of $430 million.
Lastly, within the Department of Justice, the bill provides $25.4
million and increases for several Federal law enforcement agencies to
implement the Adam Walsh Act of 2006. Increased funding is provided in
several accounts within the Department of Justice for the apprehension
and prosecution of sex offenders. An increase of $14 million, for a
total of $61.4 million, is also provided for the Missing Children
programs.
Mr. Chairman, the Department of Commerce recommendation is $7
billion, a little over $7 billion, an increase of $497 million above
the President's request.
In the bill the committee restores funding for a number of programs
that the President cut or eliminated, including the Advanced Technology
Program, the Manufacturing Extension Program, and the Public
Telecommunications Facilities Program.
In the Census Bureau, funds were restored for the Survey of Income
and Program Participation, an extremely important program with great
interest among the body, and community partnership program has been
restored as well. For the Economic Development
[[Page H8422]]
Administration, an increase of $100 million was provided to reverse a
recent downward trend in funding. The bill also rejects the President's
proposal to consolidate the economic development programs into a single
regional development account.
Mr. Chairman, for the National Oceanic and Atmospheric
Administration, the bill provides robust funding of almost $4 billion.
The bill establishes competitive funding in the Coastal Estuarine and
the Land Conservation Program and the Integrated Ocean Observing
System, and also competitive funding in the education account.
In support of the Innovation Agenda, the committee funds the National
Institute of Standards and Technology at $831 million, an increase of
$190 million above the President's request, and provides $6.5 billion
to the National Science Foundation to continue the goal of doubling the
National Science Foundation funding in 10 years.
The bill also provides an increase of $72 million in National Science
Foundation over the President's request for education programs.
In NASA, the bill provides $17.6 billion, an increase of $313 million
above the President's request. This funding restores the cuts made by
the administration in science and aeronautics and the education
portfolios, and provides the funding in a new account structure to
improve transparency and understandability of NASA's submissions.
We have tried in a small way to give NASA the increases that it needs
where the President has been negligent. The President's budget request
made an ambitious proposal in the Vision for Space Exploration for the
United States to return to the moon and to eventually go to Mars;
however, by all accounts, he did not fund his vision adequately. The
most recent telling evidence of this shortfall is the fact that the
President's proposal assumes the inability of the United States to
access space for a gap of 4 years between when the space station
retires and when the CEV launches on its first official flight, the
crew exploration vehicle. This leaves the United States with no
guaranteed source of transportation during that gap to the space
station.
I want to make clear to Members that the gap has nothing to do with
the continuing resolution of last year. Full ownership of this gap
resides with the President. His unfunded mandate of the vision, as well
as the fact that NASA had to pay for return to flight after the
Columbia accident out of its own hide, has resulted in NASA being
forced to rob Peter, science and aeronautics, to pay for Paul, shuttle,
space station and exploration. In the end there is not enough for
either Peter or Paul.
The President has to acknowledge his inadequate budget request in
this area. We invite him to reinvigorate and legitimize the Vision for
Space Exploration by asking for necessary funds for returning to the
moon and for going to Mars eventually and for other key NASA missions
through a budget amendment or through an adequate fiscal year 2009
request. Otherwise, limited U.S. access to space and stagnation of key
NASA programs will be, in this area, the President's legacy, the
President's legacy in space.
This bill makes positive changes in some of the smaller agencies. We
have added $66 million above the President's request to the Legal
Services Corporation for a total of $337 million. We have added $5
million to the EEOC to reduce the backlog of pending cases, and
included a provision to eliminate the outsourcing of the EEOC call
center. We have restored funding for the National Veterans Business
Development Corporation, which was zeroed out in the President's
request, and we have provided additional funds to the Marine Mammal
Commission for monitoring mammal adaptation to climate change.
There are many worthwhile programs in this bill. This reviews the
highlights of them, and this bill represents a responsible bipartisan
approach to funding these priorities, and we are pleased to bring it to
the body today.
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Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield myself such time as I may
consume.
I am pleased to join my chairman, the gentleman from West Virginia
(Mr. Mollohan), in beginning the consideration of H.R. 3093, making
appropriations for fiscal year 2008 for the Departments of Commerce and
Justice, and Science, and Related Agencies. This bill provides funding
for programs whose impact ranges from the safety of people in their
homes and communities to the farthest reaches of space exploration.
The bill before the House today addresses a number of critical
national needs and requirements. The chairman has done an outstanding
job in balancing many competing interests and has put together a solid
bill in a fair and even-handed manner. I appreciate his openness and
responsiveness, as well as his thorough understanding of each and every
program in this bill.
I would also like to thank all Members of the subcommittee for their
help and assistance and their advocacy, and also the staff on both
sides of the aisle who spent long, long hours in putting this bill and
report together.
On the minority side Mike Ringler and Frank Cushing, who have been
mentioned; and Nancy Fox and Katie Hazlett of my personal staff; and on
the majority side, Michelle Burkett, Marjorie Duske, Tracey LaTurner,
Meg Thompson, Dennis Dauphin, Jennifer Eskra; and, as the chairman has
noted, his great personal staff, Sally Moorhead and Julia Aaronsen.
Mr. Chairman, the bill includes important increases to priority
programs that all Members can support. Throughout our extensive hearing
schedule, we heard about urgent funding requests, including the need to
address a growing violent crime rate that has begun to rise again after
many years of decline, and the need to boost our Nation's
competitiveness through more investments in scientific research and
science and math education.
However, I also believe we could have met the most pressing needs by
prioritizing within a lower allocation, the allocation giving this
subcommittee $53.5 billion, which is $3.2 billion, or 6.4 percent, over
2007; and $2.3 billion, or 4.5 percent, over the President's request.
This very generous allocation allows everything to grow and is, I
believe, more than sufficient to address the highest-priority needs in
a satisfactory way.
By comparison, the House passed a CJS bill with an allocation that
exceeded the President's request by less than a quarter of 1 percent
last year. That bill addressed critical priorities and passed
overwhelmingly on the House floor.
As others have stated about earlier bills, the size of the allocation
this year may make it more difficult to produce a bill that will get
signed into law, so I look forward to continuing to work together with
the chairman towards that goal.
I would also like to briefly highlight some of the more important
contents of the bill. For the Department of Commerce, the bill includes
$7.1 billion, including the full requested level for the critical
functions of the National Weather Service, and important investments in
NOAA's ocean and climate research.
I appreciate the chairman has included funding in the bill to
strongly support the trade agencies empowering the U.S. Trade
Representative in the International Trade Administration to negotiate,
verify and enforce trade agreements that are free and fair, and to
ensure an even playing field for American businesses and workers.
Requested increases for NIST under the President's American
Competitiveness Initiative are fully funded, as is the Manufacturing
Extension Partnership at $108.8 million.
The bill also included $1.9 billion, or an 8\1/2\ percent increase,
for the Patent and Trademark Office, and fully funds the request to
support the ramp-up to the 2010 decennial census.
On the Justice side for the Department of Justice, the bill includes
$23.7 billion, $1.7 billion above the request. The bill restores $1.7
billion to the administration proposed to reduce from State and local
law enforcement accounts, including programs addressing violence
against women, violent gangs, the meth epidemic, child exploitation and
the continuing need for interoperable law enforcement communications.
I am very pleased that the chairman agrees that we must insist on
standards and best practices for the use of these types of grant funds.
It is not acceptable simply to pass out money to local jurisdictions
without stringent requirements to follow accepted standards and proven
program models. I salute the chairman for including language
specifically under the COPs law enforcement technologies to ensure that
funds go towards equipment that meets all relevant Federal standards.
Despite the sizeable increase in State and local law enforcement
programs, many Members are concerned about the funding for SCAAP, the
State Criminal Alien Assistance Program. An amendment to increase the
funding to the current-year level was adopted at the committee level.
{time} 1330
We may see further amendments to increase it even further. The costs
incurred to incarcerate undocumented criminal aliens continue to be an
enormous financial burden on our towns and cities. The SCAAP program
provides important partial Federal reimbursement for costs relating to
what is truly a national, not a local, problem, immigration
enforcement.
The bill also includes important investments to fight the national
epidemic methamphetamine abuse: $600 million for Justice Assistance
Grants which support local drug task forces, the Byrne Grants; $85
million in grants to combat meth, that epidemic; $40 million for drug
courts; and funding for the DEA to support State and local efforts and
to fight international drug trafficking.
The FBI is funded above the President's request, which is necessary
in order to continue current staffing and operations levels while also
funding urgent increases in counterterrorism programs. The
Appropriations Committee has been at the forefront of the FBI's
transformation into our Nation's premier counterterrorism agency, and I
am pleased we are able to continue that support this year.
Too often we fail to recognize the critical and often dangerous work
that the FBI special agents and, may I say, also the DEA and AFT
special agents do both at home and abroad in order to detect and
prevent terrorist and other types of attacks. This is incredibly
important work. This bill strongly supports those efforts while
providing necessary funding for the FBI to fulfill its traditional
roles and address emerging problems, such as child exploitation, the
growth of violent gangs, and human trafficking.
One area where I believe we should have done more in light of the
generous allocation is in Federal law enforcement. In the joint
resolution for 2007, the Congress provided more than $1 billion above
the freeze to support current operations and urgent increases for
Federal law enforcement. In many cases, these increases were not
assumed in the formulation of the President's budget for 2008. So while
most Federal law enforcement accounts are funded at least at the
President's request in this bill, there still will be some negative
consequences in the form of personnel reductions and hiring freezes at
some agencies, including the DEA, the AFT, and the new National
Security Division. The chairman has been very cooperative thus far in
helping to lessen the impacts on the DEA, and I hope we can work
together to improve funding for Federal law enforcement generally as
the bill moves forward to conference.
In addition, I am concerned that the Justice Department rescissions
included in this bill may turn out to be based on unrealistic
assumptions. The balances available could likely fall far short of the
rescinded amounts, and I hope to continue to work with the chairman to
avoid any harmful cuts.
In the area of science, this bill also funds important initiatives in
science and competitiveness. The capacity to innovate is the primary
engine of our economy and our way of life. In order to sustain it, we
must increase our investment in basic scientific research and
strengthen science education.
This bill fully funds the President's competitive initiative, which
includes a commitment to double the funding for basic scientific
research over 10
[[Page H8429]]
years, and also to strengthen and encourage education and
entrepreneurship.
For the National Science Foundation, the bill provides $6.5 billion,
or 10 percent, above the current year for research that will set the
groundwork of the development of new technologies and science education
programs that will continue to ensure that we have a well-educated and
skilled workforce to improve our competitiveness.
For NASA, the bill provides $17.6 billion. This level supports the
President's vision for space exploration with the full request for the
continuing development of the Crew Exploration Vehicle and the Crew
Launch Vehicle, keeping to a minimum the gap in flight capability after
the retirement of the shuttle.
The bill also includes funding for the request for aeronautics
research, space science programs, and NASA education programs.
In closing, Mr. Chairman, despite concerns about the overall level of
spending, this bill represents the chairman's best efforts to
distribute the allocation he was given to the various competing
requirements under our subcommittee's jurisdiction. I highly commend
him for an outstanding job and will be urging all Members to support
this bill.
I reserve the balance of my time.
Mr. MOLLOHAN. Mr. Chairman, I yield such time as he might consume to
the distinguished chairman of the full Appropriations Committee, Mr.
Obey.
Mr. OBEY. I thank the gentleman for the time.
Let me simply say that I do appreciate very much the initiatives that
are being taken by this subcommittee with respect to the climate change
problem facing the globe. These are small initiatives; they are
nonetheless important. They are not nearly sufficient to deal with the
long-term problem, but we will have to mount a much greater effort on
this front in the years to come.
I would like to comment on what has happened with respect to local
law enforcement assistance over the past 3 years. We have had a Kabuki
dance going on for years between the White House and the Congress of
the United States. Each year, the President proposes very deep cuts in
the law enforcement assistance grants to localities, and each year the
Congress only partially restores those cuts. It then pats itself on the
back, says, ``Oh, what a good boy am I. Look how much we added to law
enforcement,'' when, in fact, all they did is restore a small portion
of the President's reductions. As a result, these programs, which were
funded at the $4.4 billion level in fiscal 2001, are now funded at
about $2.8 billion, $1.6 billion below the high watermark. That is ill-
advised, in my view.
I appreciate the fact that this bill provides a substantial increase
in that funding for local law enforcement, $1.7 billion, or 53 percent,
above the President's request. I think that is essential.
The committee also recognizes that State and local law enforcement
benefits from the criminal investigation resources and capabilities of
the Federal Bureau of Investigation, and so this bill provides $148
million over the President's request for that purpose. I think that
money is very badly needed.
Having said that, I have to confess a significant degree of
discomfort with the way the FBI has performed in recent years. As we
know, investigations of the use of national security letters by the FBI
have told us that the FBI issued approximately 8,500 of those in 2000.
The March 2007 Senate investigation of the Justice Department's
Inspector General puts that number now at over 143,000 NSLs issued
between 2003 and 2005. The same investigation found serious FBI abuses
of NSL regulations. And what is even more alarming is the report that
the FBI's own lawyers counseled against the illegal use of emergency
letters requesting telephone and Internet information, and still the
practice continued for 2 years. This practice continued for 2 years,
despite counsel's recommendation to cease, and Congress only found out
about the situation upon public release of the IG report when the FBI's
general counsel had been briefing special agents in charge on reversing
the practice for 2 months prior to that.
I am disconcerted by that fact, and I have talked to the director of
the FBI about this on two occasions. I was pleased when he got the job
in the first place, but I am not pleased with the way this has worked
out. I would certainly hope that the agency would shape up so that it
does not continue to be an embarrassment in terms of its declining to
adhere to rule of law.
With that said, I also am pleased that the Legal Service Corporation
is funded at a level $66 million higher than the President's request.
All I can say about that is that it is about time.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 3\1/2\ minutes
to the gentleman from Florida (Mr. Weldon), an outstanding member of
the committee.
Mr. WELDON of Florida. I thank the gentleman for yielding, and I want
to commend him and Chairman Mollohan for fully funding the exploration
initiative. These are the funds that will allow us to continue to
operate the shuttle and as well to continue to develop a replacement
for the shuttle. And, importantly, that replacement, the Orion capsule,
will be a safer and less expensive space vehicle, and so it is very
important that we keep funding on track.
I want to commend Chairman Mollohan for bringing up the important
issue of the gap in human space flight. I would simply point out that
when the President originally put forward this proposal, I shared
Chairman Mollohan's criticism that this gap in human space flight is
not good for America, and I am certainly anxious to work with the
administration and with the committee to see if it will be possible for
us in the years ahead to reduce that time where Americans will be
relying on the Russians, essentially, to put our astronauts into space.
While I certainly share the concerns raised by Ranking Member
Frelinghuysen about the veto threat against this bill because of the
excessive spending, I just want to go on record regarding the spending
increase concerns raised by the administration in the aeronautics
account.
I am very concerned about our air traffic control system and its
ability to handle the ever-increasing volume of commercial air traffic,
and that we are falling behind on this critical investment of
modernizing our air traffic control system.
Additionally, I want to comment on the accounting changes in the NASA
account that Chairman Mollohan has championed. While I agree that they
represent perhaps a more elegant way for us to keep track of NASA
funding, the 90-day time window he has provided NASA to implement this
new initiative may not be physically feasible for the agency, and I am
certainly hoping that he is willing to work with NASA officials in the
years ahead.
And then, finally, I just want to comment on two other important
issues. One, I am very pleased that both the chairman and the ranking
member are seeking to protect the census account. This is a very
important account. It is probably one of the few constitutionally
mandated responsibilities in this bill. I know that the census account
is frequently used as a piggy bank by Members seeking to increase
various sections of the bill, and I am pleased and I would want to
continue to encourage both the chairman and the ranking member to
protect the census account.
Then finally, I want to comment on two amendments that I am offering
in the bill. I have two amendments that deal with the issue of cities
and municipalities that create sanctuaries for illegal aliens who
basically say that we are not going to enforce Federal laws in our
jurisdiction, and then they turn around and apply for grants in this
bill to help them with the responsibility of dealing with criminal
illegal aliens. In my opinion, that is inappropriate, and if they want
to have access to the money, they shouldn't be creating sanctuaries.
I thank the gentleman for yielding.
Mr. MOLLOHAN. Mr. Chairman, I am pleased to yield 3 minutes to a
distinguished member of the subcommittee. We have a great subcommittee
on both sides, Democrats and Republicans, who work extremely well, and
every one of them brings a lot to the bill as we marked up, and Mr.
Honda is certainly no exception.
Mr. HONDA. Mr. Chairman, I rise in support of H.R. 3093.
[[Page H8430]]
Mr. Chairman, this is my first year as a member of the CJS
Subcommittee. It has been a great experience working under the
leadership of Mr. Mollohan and Mr. Frelinghuysen, and I just want to
indicate that it has been a good experience because it has been very
bipartisan.
I wanted to make a couple of comments about law enforcement. Between
2001 and 2006, the funding for State and local law enforcement grants
was cut 43 percent during the time when State and local law enforcement
agencies have been expected to take on increased homeland security
responsibilities. As a result, last year the FBI reported that violent
crime has had its biggest increase in over a decade. This bill reverses
that trend, making its biggest investment in restoring the State and
local grants and funding for the FBI.
The bill includes funding to restart the COPS hiring program to put
more than 2,800 police officers on the streets to fight crime, and in
my district it is critical to be able to address the gang activities
out there.
{time} 1345
I represent Silicon Valley, Mr. Chairman, and it's the home of
technological innovation in America, so I'm keenly aware of how
innovation is the driving force behind our Nation's economy, and that
to keep our economic preeminence in the world, we need to stay on the
cutting edge of science and technology.
It's been mentioned before, our support for NSF and for NASA, and I
support that, and I think that it's a good step in the right direction.
And realigning how we budget NASA has made a critical difference, being
that it's going from FTEs to mission-oriented budgeting. That's going
to make a great big change.
In the Department of Commerce, the National Institute of Standards
and Technology, we see a funding increase that restores program cuts
that would have been eliminated by the President that included ATP and
the Manufacturing Extension Program. These are critical programs to
continue to fund if we're going to maintain our edge.
NOAA has been funded just over $4 billion, and since climate change
is such a big issue, NOAA has a big role in that, and we need to
continue to support that group.
I'd like to thank, again, the leadership and this opportunity to be
part of the committee.
Mr. FRELINGHUYSEN. Mr. Chairman, I reserve my time.
Mr. MOLLOHAN. Mr. Chairman, I am pleased to yield 3 minutes to
another distinguished member of the subcommittee, Mr. Ruppersberger.
Mr. RUPPERSBERGER. Mr. Chairman, I rise in support of this very
responsible funding bill. I commend the Chair and the ranking member
for working together in a bipartisan way to come up with an outstanding
bill.
Mr. Chairman, you are a true leader, and I respect the way you've
handled yourself throughout the process.
In my former position as a Baltimore County Executive I was required
to submit a $2 million operating budget each year, and I did so without
raising taxes and without cutting vital public safety or economic
development programs.
I call this bill today our Law Enforcement and Investment Budget for
America. This is where we fulfill our obligation to protect our
citizens from crime. It is where we invest in our economy, our sciences
and new technologies. This is where we keep America competitive in a
global economy.
I learned in my former position as county executive that if you
neglect public safety, and you neglect public investment, the taxpayers
end up paying a higher price down the road and get less for their
money. They pay in more crime, a lagging economy and a higher price tag
on new infrastructure.
Some of my friends on the other side are proposing across-the-board
cuts. Congress should never impose such cuts for two reasons. First,
you cut the meat with the fat, the good programs with the bad. Second,
as a leader, you fail in your duty to make tough choices and to provide
vision and direction for our country.
A proposed 1 percent cut would mean we can fund about 7,000 fewer
bulletproof vests for cops in your police and sheriff departments.
A proposed 6 percent cut means $12 million less for STOP grants to
fight violence against women.
For many years Congress has neglected the law enforcement budget in
the CJS appropriations bill. We have underfunded law enforcement.
As a former prosecutor, I was shocked this year when the
administration proposed a hiring freeze for the DEA at a time when
drugs are the scourge of so many of our communities. This bill corrects
that.
These are tough fiscal times, yet this is the first time in the
history of our country that we have cut taxes while we are at war. We
borrow from our children and countries like China, and then continue to
spend and spend in Iraq. What kind of fiscal management is this? It
leads to huge deficits, and it is fiscally irresponsible.
This CJS bill reflects new priorities and new direction. Congress
would never propose a 1 percent cut in the funding of our troops in
Iraq. Congress should never have a 1 percent cut in funding for cops on
the beat in our communities. It is time we stand up for our cops and
first responders, just like we stand up for or troops.
It is bad fiscal policy to have across-the-board cuts in the vital
economic development programs of Commerce, Department and Census
Bureau. Cuts in the census harm our local communities and leave us
behind in the information economy.
Mr. Chair, if we did not have this deficit we confront today, I would
support even more funding for law enforcement.
Mr. FRELINGHUYSEN. Mr. Chairman, I reserve my time.
Mr. MOLLOHAN. Mr. Chairman, I am pleased to yield 2 minutes to
another distinguished member of the subcommittee, Ms. DeLauro.
Ms. DeLAURO. Mr. Chairman, I rise today in support of this bill and
want to commend the chairman and the staff for an excellent bill which
signals a new direction and reflects our priorities as a Nation. The
goal of this bill has always been to make a strong investment in our
future, to take seriously our responsibility to the American public.
I'm proud to see that this bill will provide $10 million to the
Sexual Assault Service Program directly for rape crisis centers, State
and territorial sexual assault coalitions and culturally specific
programs and tribes.
This is the only Federal funding stream dedicated entirely to
providing direct services for victims of sexual violence. That is vital
because, without a consistent and a specialized funding stream for
direct services, rape crisis centers are stretched to the limit trying
to meet increased demand for services with reduced government funding.
We are finding other ways as well to strengthen services to victims
of all domestic violence, dating violence, sexual assault and stalking,
by significantly boosting funds for the Office of Violence Against
Women, $430 million, or $60 million above the President's request.
We know these programs are both necessary and effective. Since the
Violence Against Women Act was first passed in 1994, reports of
domestic violence have decreased by half. But as long as domestic
violence continues, we must continue fighting to ensure women have the
tools to fight back.
The bill also works to strengthen local law enforcement $3.2 billion
to protect our communities and our quality of life, including COPS
grants to put 2,800 new police officers on the streets, drug courts,
Byrne grants for local crime prevention programs, and a competitive
youth mentoring grants program to prevent juvenile delinquency.
Mr. Chairman, this bill reflects a commitment to our longstanding
responsibilities and true fiscal responsibility. Together we can meet
our obligations as a Congress and a Nation to the American people.
Mr. FRELINGHUYSEN. Mr. Chairman, I reserve my time.
Mr. MOLLOHAN. Mr. Chairman, I yield the remaining time to another
distinguished member of the subcommittee, Mr. Kennedy.
The CHAIRMAN. The gentleman from Rhode Island is recognized for 2
minutes.
Mr. KENNEDY. Mr. Chairman, let me just commend both the chairman and
the ranking member for producing a bill which certainly goes a long
ways to meeting the needs of our country in a number of areas.
[[Page H8431]]
But let me particularly point out an area that concerns me a great
deal, and that's the area where I think there's a large indictment on
our country; that's the area of the fact that this country has more
people incarcerated in its jail system per capita than any other
industrialized Nation on the Earth. More people in jail in our country
than any other free Nation on the Earth.
My friends, that is an indictment on us as a Nation, that we can't do
better. This bill invests more in preventing people getting in jail.
We add over $80 million to the Juvenile Justice Delinquency Act,
section 5, title 5, which is prevention dollars. We have decreased that
money over $280 million over the last 5 years, under the previous
Congress. This year, under this bill, we increase it by $50 million,
add another $30 million to the JBAG program, which is the gang
prevention section of the Juvenile Justice act. We add $10 million to
the Mentally Ill Offender Program, which helps us to put more money
into identifying mentally ill offenders at the time of their offense,
helping them to divert them from having to go into jail, and properly
treating them, rather than accepting them into prison. And we quadruple
the amount of dollars that are going into drug courts, the best-known
source of reducing recidivism that we have in this country.
If you want to have a war on drugs, the best war on drugs is to treat
people for their addictions rather than to put them in jail, and this
bill goes a long ways in doing just that.
I want to commend the chairman for his work on this matter.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 2 minutes to
Mr. Gilchrest from Maryland, a strong voice for the Chesapeake.
Mr. GILCHREST. Mr. Chairman, I want to stand and thank Mr. Mollohan
and Mr. Frelinghuysen for bringing forward this comprehensive piece of
legislation. And in particular, I want to thank both of these men for
recognizing the work of the Ocean Commission and the Pew Oceans
Commission in understanding the world's oceans.
There's $4 billion to NOAA in this legislation, $4 billion. To some
folks it might sound like a lot of money, but that is actually a very
small sum. We appreciate that sum, but it's a small sum considering
what's at stake.
Three-fourths of the world's surface is covered by oceans. It governs
our everyday weather. It governs the climate. It is the source of air
we breathe. It is the source of food for much of the world's
population. Coastal communities, the economy, literally of all our
coastal communities are dependent upon the health of the oceans. Our
national security is dependent on understanding the nature and changes
of our world's oceans. Literally, life on this planet is dependent upon
our knowledge of the world's oceans. And this $4 billion given to NOAA
will be to do more research to understand more effects and to implement
better policies dealing with the pervasive dead zones; red tides; coral
reefs, which is a predominant area where fish spawn; fish habitats; the
acidification of the world's oceans as a result of CO2.
Now, the acidification of the world's oceans, that's what happened to
the northeastern forest as a result of acid rain from sulfur dioxide
from power plants. The same thing as a result of global warming is
having an effect to the world's oceans. Because of human activities and
its degrading effect, now with climate change, NOAA needs the dollars
and the tools to make the oceans resilient.
I urge an ``aye'' vote on the legislation.
Mr. CONYERS. Mr. Chairman, the problem of animal fighting has been in
the news a lot lately, with the recent indictment of quarterback
Michael Vick, who is alleged to have been involved in a major
dogfighting ring. As we are debating the bill that provides funding for
the Department of Justice, I wanted to express my hope that the
Department will devote the needed resources to bring an end to this
vicious so-called ``sport.'' It's cruel and barbaric, and often
associated with other crimes. I commend the Department for its ongoing
work to determine the truth of the allegations in the Vick case, and
urge that it continues to expand its efforts to crack down on animal
fighting across the country. I also wanted to note that the DOJ's Safe
Streets Task Force could play a key role in increasing law enforcement
action against dogfighting.
Sadly, animal fighting occurs in all corners of our country,
impacting hundreds of thousands of animals every year, and also our
communities. Indeed, it is estimated that there are more than 40,000
professional dogfighters nationwide and 10 underground dogfighting
magazines. Cockfighting is also a multi-million dollar nationwide
industry.
I'm pleased that this Congress took action against animal fighting
earlier this year when we passed the Federal Animal Fighting
Prohibition Enforcement Act and established felony penalties for these
crimes. That measure will provide an important additional tool for law
enforcement to combat dogfighting and cockfighting enterprises.
To make this new law truly effective, though, we need to encourage
the active and ongoing participation of Federal law enforcement. Such
participation would bolster protection for our neighborhoods in
addition to assuring the welfare of animals. Animal fighting is often
associated with illegal gambling and acts of human violence. The
Chicago Police Department recently revealed that over a 3 year time
period, two-thirds of 332 people arrested for animal abuse crimes in
the city were also involved in drug crimes, according to the Humane
Society of the United States.
To combat dogfighting and associated crimes, I recommend that the
Safe Streets Task Force devote a considerable amount of its attention
and funding to the issue of dogfighting.
Mr. SIMPSON. Mr. Chairman, in accordance with House earmark reforms,
I would like to place in the Record a listing of the congressionally
directed projects in my home State of Idaho that are contained in the
report of the FY08 Commerce, Justice, Science, and Related Agencies
Appropriations Bill.
I would like to take just a few minutes to describe why I supported
these projects and why they are valuable to the Nation and its
taxpayers.
The report contains $1,200,000 for the Idaho State Police to
participate in the Criminal Information Sharing Alliance Network,
CISAnet. CISAnet is a fully functional information-sharing network
comprised of law enforcement agencies from 10 States, including Idaho.
The program focuses on drug trafficking and border security issues.
Sharing of criminal law enforcement information by and between these 10
States is vital to securing an area regarded as one of the most
vulnerable to our Nation's security. These funds would enable Idaho to
continue participating in CISAnet. This program has received Federal
funding in previous fiscal years.
This project was requested by the Idaho State Police.
The report contains $800,000 for the Idaho Department of Corrections
to participate in the National Consortium of Offender Management
Systems, NCOMS, Sharing Software Development Project. NCOMS is a web-
based system allowing States and governmental agencies to share
offender information. NCOMS and the CIS system make it a reality to
track offenders across State lines and beyond with the use of
Extensible Markup Language, XML, global standards and partnerships
across the law enforcement and corrections communities. Funding would
be used to allow more government agencies and entities to effectively
use the system and to modify the ``coding'' of the application to make
it more modular, allowing organizations to implement pieces of the
application as needed. This program has received Federal funding in
previous fiscal years.
This project was requested by the Idaho Department of Corrections.
I appreciate the opportunity to provide a list of Congressionally
directed projects in my district and an explanation of my support for
them.
1. $1,200,000 for Criminal Information Sharing Alliance Network,
CISAnet; Idaho State Police
2. $800,000 for National Consortium of Offender Management Systems,
NCOMS, Sharing Software Development Project; Idaho Department of
Corrections
Mr. KUCINICH. Mr. Chairman, I rise in support of this bill, in large
part because of its support for NASA. The Committee did an admirable
job of finding money to keep NASA healthy and balanced in the face of a
destructive budget request from the Administration.
Ultimately, inadequate funding puts at risk NASA's most valuable
asset, its workers. It is the workers who have won the awards and have
driven the incredible accomplishments the agency has amassed. When its
world class work force gets a message from Congress or from the
Administration that funding is not reliable, the workers often feel the
need to leave the agency. When given the choice, no worker wants to
worry about whether their job will be there next year. When employees
leave, they not only take their award winning talent and intelligence,
but their deep institutional knowledge. These losses are dents in
NASA's armor that take years, if not decades, to repair.
That is why I am so glad to know that the committee has acted to
protect NASA. This bill
[[Page H8432]]
prevents unnecessary layoffs, it funds Aeronautics and Exploration in
order to fulfill the agency's mission, and it prevents the
administration from moving large chunks of money around the agency
against the will of Congress.
I am proud to represent the NASA Glenn Research Center in Brook Park,
Ohio. Its economic impact is felt throughout the entire state. In FY04,
the year for which we have the most recent data, the economic output of
NASA Glenn alone was $1.2 billion per year. It was responsible for over
10,000 jobs and household earnings amounted to $568 million.
I urge my colleagues to support this bill and to protect NASA.
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I rise in
support of the 2008 Departments of Commerce, Justice, Science and
Related Agencies Appropriations Bill. This bill funds domestic
priorities that are important to all Americans and invests in our
Nation's future.
To help keep our families and neighborhoods safe, it provides a much-
needed increase to the COPS program. To support American
competitiveness and improve science and technology education, this bill
increases funding for the National Science Foundation.
In a global economy, investment in American innovation and regional
development must be a priority. Madam Speaker, I am pleased that this
appropriations bill provides over $300 million for the Economic
Development Administration and encourages new investment in green
technologies to reduce energy use.
Over the past 50 years, my district in Bucks County, Pennsylvania has
lost most of its manufacturing jobs. While towns in my district still
struggle with these dramatic economic changes, I am encouraged by
forward thinking plans that have brought high-tech and green energy
companies to my district.
Fairless Hills, Bucks County, once home to heavy steel manufacturing,
now boasts one of Pennsylvania's premier examples of industrial
revitalization. Twenty-four hundred acres in Fairless Hills, known as
the Keystone Industrial Port Complex (KIPC), are designated a Keystone
Opportunity Improvement Zone by the State of Pennsylvania. The
important economic incentives available at KIPC, coupled with its
strategic location on the Delaware River, make the site attractive to
new companies. Two renewable energy companies have already located
there.
Public and private economic development professionals continue to
work hard at every level to attract new investment, support workforce
development and improve regional infrastructure. I am a proud partner
in these endeavors because I know the enormous potential of this
project to revitalize the region.
The United States must look to the future and support proactive
regional initiatives that not only create jobs, but advance our
Nation's commitment to energy independence. New investments for the
Economic Development Administration will go a long way toward achieving
these goals.
Mr. Chairman, by passing this bill, we provide our communities with
the resources necessary for successful development and we invest in
America's future.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he or
she has printed in the designated place in the Congressional Record.
Those amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 3093
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, and for other purposes, namely:
TITLE I--DEPARTMENT OF COMMERCE
Trade and Infrastructure Development
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad,
without regard to 49 U.S.C. 40118; employment of Americans
and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; obtaining insurance on official motor vehicles; and
rental of tie lines, $430,431,000, to remain available until
September 30, 2009, of which $8,000,000 is to be derived from
fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided,
That $49,564,000 shall be for Manufacturing and Services;
$42,960,000 shall be for Market Access and Compliance;
$65,601,000 shall be for the Import Administration of which
$5,900,000 shall be for the Office of China Compliance;
$245,702,000 shall be for the United States and Foreign
Commercial Service; and $26,604,000 shall be for Executive
Direction and Administration: Provided further, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities.
Mr. CLAY. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from Missouri is recognized for 5
minutes.
Mr. CLAY. Mr. Chairman, today I rise in support of H.R. 3093 as
reported by the Appropriations Committee with the understanding that
Chairman Obey, Chairman Mollohan and the other House conferees will
make every effort to restore $30 million in funding for the Census
Bureau that was removed during the committee's markup of this important
funding bill.
As reported by the Commerce, Justice, Science Subcommittee, the bill
included $13 million above the President's request to fund the
partnership program which is so critical to our efforts to count
traditionally undercounted populations.
The bill also included $35 million above the President's request for
the SIPP program, which was slated for elimination until the Census
Bureau and the Department of Commerce, to their credit, reevaluated and
reversed that misguided policy decision.
I applaud Chairman Mollohan, Mr. Ruppersberger and others for their
leadership in working to include funding for this vital program in the
original bill, in spite of the administration's decision not to fund
them in fiscal year 2008.
Unfortunately, both of these advances would be jeopardized if the $30
million removed in full committee is not restored. This would undermine
our efforts to achieve a thorough and accurate enumeration of the U.S.
population in 2010. It would also hamper our ability to gather critical
data about poverty, program participation and performance in the
future. The data collected during the decennial census and annually by
the SIPP impact the way billions of dollars are allocated and the way
the programs throughout our government are run.
{time} 1400
Indeed, cutting the money from the Census would undermine the very
program our colleagues are trying to fund at the expense of the Census
Bureau.
And now, Mr. Chairman, I would like to engage the gentleman from West
Virginia in a colloquy.
Let me begin by congratulating the chairman for his leadership in
working to provide and protect funding for the Census Bureau. As we
continue the fight to protect the Bureau's funding from being raided to
support other programs, I would like to ask the gentleman about his
commitment to ensuring that the Bureau is inclusive in its contracting
activity, particularly with regard to the 2010 census. And as the
gentleman knows, the Census Bureau, according to GAO, will ``make the
most extensive use of contractors in history,'' which includes
information technology systems, advertising, and the leasing of local
census officers.
I believe the gentleman shares my view that in order to carry out its
mission effectively, the Bureau must have
[[Page H8433]]
a workforce that reflects the diversity of this Nation and that that
idea extends to the private entities with which the Bureau contracts to
perform mission critical activities.
I yield to the gentleman from West Virginia.
Mr. MOLLOHAN. Mr. Chairman, I commend the gentleman for raising this
issue. I assure him that I share his concern. I think most members of
our subcommittee share his concern with any unwise cuts to Census. That
happened in full committee. There was an amendment which used Census as
an offset; $25 million came from the periodic census, $5 million came
from salaries and expenses. Both of them were very regrettable offsets.
We are going to work to restore those offsets as we move forward into
conference, and I have a considerable amount of confidence that we will
be able to achieve that.
Again, I commend the gentleman for bringing this up and giving us an
opportunity to express and share our concerns with him and also to make
that commitment that we are going to work as hard as we can as we move
forward to restore this funding to Census. It is usually important to
the Nation that the decennial census move according to a regular
process which requires a lot of preparation in the early years. And the
gentleman's foresight in seeing that and his insistence on our
proceeding accordingly is really appreciated because we want that
pressure from the body to make sure that we adequately fund Census.
Mr. CLAY. Mr. Chairman, reclaiming my time, I am certainly aware and
the gentleman is aware also that it is so important that the Census be
diverse and that they practice it in their contracting opportunities as
well as within the makeup of the Bureau itself, because I think that
the Bureau should reflect this country and its diversity.
Mr. MOLLOHAN. Absolutely. And we will take the gentleman's concerns
about that to heart as well.
We appreciate the gentleman's hard work on this and appreciate the
excellent staff work that he has had in bringing this to the floor.
Amendment No. 4 Offered by Mr. Rogers of Michigan
Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Rogers of Michigan:
Page 3, line 4, after the dollar amount, insert
``(increased by $6,000,000)''.
Page 3, line 11, after the dollar amount, insert
``(increased by $6,000,000)''.
Page 6, line 19, after the dollar amount, insert ``(reduced
by $6,000,000)''.
Mr. ROGERS of Michigan. Mr. Chairman, to my distinguished colleagues,
I certainly understand the efforts to fence off issues when it comes to
the census, and I think there are some issues of which we can find a
level of importance to take a very small amount of money, make that
census more efficient, and do some great good for the United States of
America.
Think about some of the goods that we have had coming to the United
States of America from China that have been counterfeited, adulterated,
contaminated just recently: pet food, toothpaste, bottled water, auto
parts. There is an assessment that just counterfeit auto parts coming
out of China alone cost American jobs to the tune of $750,000.
A couple of years ago, in 2004, the Department of Commerce's Trade
Agreement Compliance Center was created, and it was designed to
specifically and solely go after Chinese unfair trading practices. And
if we are going to have free trade, it must be fair trade. The deficit
with China in 2006 was $230 billion, and it is getting bigger. But
think of the products that they are selling. Think of the products that
they are working into the system. Think of the unfairness to American
workers who are playing by the rules, producing products that are safe
and legal and in compliance with intellectual property.
So you think about what they are doing: currency manipulation to
unjustly compete against American jobs that robs us of jobs unfairly in
the trade world, certainly not appropriate. Counterfeiting not only of
auto parts that we have just seen, but the things they have done with
pet food and toothpaste and bottled water. The chemicals used on some
food products that they brought in a few years ago. Michigan apples is
an example where they used a pesticide that we don't allow in the
United States because it is dangerous to public health. All of those
things have happened and will continue to happen if we don't step up
and make a serious statement about our commitment to stop unfair trade
practices by China and stop counterfeit parts that are robbing jobs and
products that may, in fact, take the lives of Americans. This is
serious business.
We ask for just $6 million. It will double the Office of Compliance
where these trade cops will look specifically at Chinese trade
violations. I can't think of anything more important for us to do given
the recent cases that are coming out of China. And only with vigorous
and well-funded trade monitoring and enforcement can we provide a level
playing field and allow U.S. manufacturers to compete around the world.
In order to deliver the promises of free trade, we need to guarantee
fair trade. I urge my colleagues to support this important amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment
and, at the same time, I share concern with the gentleman for our
ability to monitor, carefully and comprehensively, compliance regarding
our trade with China.
We have an Office of China Compliance, which the gentleman wants to
increase by $6 million, which about doubles the funding. There is a
group in the Congress, and I am certainly one of them, who are
extremely concerned about foreign competition. I am very concerned
about how, as this world increasingly is becoming a smaller economic
community, how we compete successfully, particularly as competition
relates to the impact on traditional industries in this country and
making sure that a fair and level playing field exists. That is why we
have the Office of China Compliance. That is why we have funded it in
this bill.
The gentleman suggests that the funding level is inadequate, and we
have very consciously funded it at the President's request. A $6
million increase doubles the Office of China Compliance, and given the
balances that are necessary in this bill and the funding demands that
exist, we feel that the level that we funded it at is adequate.
Let me also comment about the gentleman's offset. He offsets the
Census Bureau, the salaries and expenses account, I believe. That is
unacceptable.
Does the gentleman offset the salaries and expenses or the decennial
census account? The decennial census account. That is a terrible
offset, respectfully, because we have to prepare for the decennial
census, and we have to prepare for it carefully and adequately.
First of all, I think the account is funded adequately at the
President's request in last year's funding. Secondly, the offset is
just terrible.
I would invite the gentleman to work with us as we move forward to
conference and look carefully at the account and make more careful
judgments about the adequacy of the funding, if he would like to do
that.
Mr. FRELINGHUYSEN. Mr. Chairman, will the gentleman yield?
Mr. MOLLOHAN. I yield to the distinguished ranking member.
Mr. FRELINGHUYSEN. Mr. Chairman, quite reluctantly, I oppose the
gentleman's amendment, but certainly your views are held by quite a lot
of people. I think it would be a mistake to cut the census, which is
obviously a constitutional obligation. As I remember looking at that
account, the Member's suggesting that we double the account, actually I
think ITA got $10 million more than the President requested. So they
actually have more money to deal with, maybe not the specific Office of
China Compliance, but I think it would be a mistake to cut the Census,
which is a pretty important thing we are trying to ramp up.
Mr. ROGERS of Michigan. Mr. Chairman, will the gentleman yield?
Mr. MOLLOHAN. I am pleased to yield to the gentleman from Michigan.
[[Page H8434]]
And I see I was wrong about your offset. But the point applies to
your offset.
Mr. ROGERS of Michigan. So it is not nearly as terrible.
Mr. MOLLOHAN. No. It's terminal. It's a bad offset. It degrades the
Census Bureau's ability to collect economic statistics, which is
terrible. But please.
Mr. ROGERS of Michigan. I understand. I think a little under a 3
percent cut for counting versus our ability to go after what we know we
have found. Contaminated pet food; contaminated toothpaste, which
people consume, which is certainly a public health hazard; and auto
parts that rob our manufacturers of important jobs must take priority.
It obviously hasn't worked the way we want it. We should step up in a
big way. A $230 billion trade deficit. This is the right investment.
Mr. MOLLOHAN. Mr. Chairman, reclaiming my time, I just will stipulate
to our concerns about trade with China and the necessity to review it.
That is why we have this office. You are suggesting that we need
additional funding. You are suggesting doubling the funding, which
impacts Census in its ability to collect economic statistics, which is
also extremely important to the economic viability of the country.
The CHAIRMAN. The time of the gentleman from West Virginia has
expired.
Mr. KENNEDY. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from Rhode Island is recognized for 5
minutes.
Mr. KENNEDY. Mr. Chairman, I would suggest that if we are serious
about looking at this issue of compliance, $6 million, frankly, for a
country as big as China that is exporting to Wal-Mart toothpaste, pet
food, auto parts and the like, $6 million ain't going to cut it; $6
million out of a budget that we are looking at here is really
infinitesimal to think about in terms of really being serious about
inspection.
If we are serious about looking at protecting consumer product
safety, we ought to look at making sure that industry themselves are
employing the proper safeguards in their own inspection safety, that
they are obviously having to comply with our own U.S. inspection codes
if they are selling within our own market. They are not having to
comply with China's inspection. They have to comply with ours if they
are selling in our marketplace.
So this is a broader issue in addition to just trade, and I think
there are a lot of other significant aspects to this issue that we need
to consider. I think we need to bring the trade groups that are
involved with these issues to the table, and I would suggest that maybe
the chairman and others maybe down the road we can begin to convene
some of these trade groups.
I know from my State some of these interested groups are already
working within their industries to deal with this because they know
they have great liability. If they import products that they have
manufactured in China here to this country that are faulty, they are on
the hook and they are liable if those products are faulty, as they
should be liable; that is, provided that they are not indemnified by
the other side through product liability indemnification.
{time} 1415
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Rogers).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. ROGERS of Michigan. 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 Michigan will be
postponed.
The Clerk will read.
The Clerk read as follows:
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
section 1 of title VI of the Act of June 15, 1917 (22 U.S.C.
401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law,
$78,776,000, to remain available until expended, of which
$14,767,000 shall be for inspections and other activities
related to national security: Provided, That the provisions
of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities: Provided further, That payments and
contributions collected and accepted for materials or
services provided as part of such activities may be retained
for use in covering the cost of such activities, and for
providing information to the public with respect to the
export administration and national security activities of the
Department of Commerce and other export control programs of
the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $270,000,000, to remain
available until expended.
Amendment Offered by Mr. Sessions
Mr. SESSIONS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Sessions:
Page 5, line 15, insert ``(reduced by $100,000,000)'' after
the dollar amount.
Page 29, line 19, insert ``(increased by $6,000,000)''
after the dollar amount.
Mr. SESSIONS. Mr. Chairman, my amendment is very simple. It would
provide an additional $6 million to the FBI, and to reduce the Economic
Development Administration account to offset this cost.
I think that Congress must do all that we can do to provide
appropriate resources to the hardworking men and women serving at the
Federal Bureau of Investigation. Every day these brave public servants
stand on the front lines of our Federal law enforcement efforts and on
the domestic front on the war on terror, and they need and they deserve
all the support that Congress can give.
Many of my colleagues know that I have a real and very personal
appreciation of the organization of which my father served as Director
of the FBI between 1987 and 1993. I have nothing but the greatest
respect for all the sacrifices that these agents make on behalf of our
country, and I am happy to be able to come to the floor today with this
amendment to support that great work.
As the report to the bill notes, since September 11, 2001, the FBI
has undergone a significant transformation. They are being asked to
make hard choices about resource allocation as they track domestic
terrorist threats, arrest suspected drug kingpins, and ensure that
criminals, from bank robbers to corrupt businessmen to tax cheats, are
brought to justice.
Even with an increase of around $500 million in this bill, the FBI's
salary request still faces a deficit. While I wish this amendment could
go further, I understand the constraints of the budget authority and
the outlay rules that Congress must follow.
Regardless, I believe that this is an amendment that will send a
clear and unmistakable signal to the men and women of the FBI that we
support them, that we support their hard work, and that we support all
that they are doing to keep us safe.
I urge my colleagues to support this amendment and to show your
support for these brave men and women.
Mr. Chairman, I yield back the balance of my time.
Mr. OBEY. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Wisconsin is recognized for 5
minutes.
Mr. OBEY. Mr. Chairman, let me summarize the basic facts. The
Economic Development Administration budget last year was $250 million.
The President's request for this year was $170 million. The committee
added $100 million to the President's request to take it to $270
million, and the gentleman's amendment would take it back down to $170
million, which is a 32 percent reduction below the amount provided last
year.
[[Page H8435]]
With respect to the FBI, the committee has already added $148 million
to the amount that the President requested. We are substantially above
last year's budget. The FBI has been treated very, very well.
I find no reasonable justification for saying that we ought to
provide the $6 million increase for the FBI when it's already received
an increase of $148 million. And I certainly don't find any reason to
say that we ought to reduce our efforts to support economic development
around the country.
Economic development funds are used, among other things, to help
localities establish industrial parks. I have to tell you there are
literally thousands of jobs that have been added in my own district by
corporations who were able to move into these industrial parks to get
their services and grow. We have developed a very strong electronics
industry in my district through the use of funds through EDA.
I think the key to this bill is balance. We have provided a
significant increase for the FBI. We've provided a modest increase for
EDA. And I think that the country is better off if we stick with the
committee recommendations.
I would urge a ``no'' vote.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment by the gentleman from
Texas (Mr. Sessions).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. SESSIONS. 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 Texas will be postponed.
The Clerk will read.
The Clerk read as follows:
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$32,800,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$31,225,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $86,500,000, to remain available until September
30, 2009.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $196,838,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$1,035,406,000, to remain available until September 30, 2009:
Provided, That none of the funds provided in this or any
other Act for any fiscal year may be used for the collection
of census data on race identification that does not include
``some other race'' as a category.
Amendment Offered by Mrs. Capito
Mrs. CAPITO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Capito:
Page 6, line 23, after the dollar amount insert ``(reduced
by $10,000,000)''.
Page 42, line 8, after the dollar amount insert
``(increased by $10,000,000)''.
Page 43, line 8, after the dollar amount insert
``(increased by $10,000,000)''.
Mrs. CAPITO. Mr. Chairman, I rise today to offer an amendment to
enhance America's ability to prosecute and detain illegal aliens around
our southwest border.
State and local law enforcement agencies along America's southwest
border grapple with the serious consequences of our porous border every
day. Prosecutors, probation officers, courts and detention facilities
are all vital. They process drug and illegal alien cases referred from
Federal arrests.
Currently, if the Federal Government decides to no longer pursue
Federal criminal charges against the defendant, they often turn over
the case to local law enforcement agencies. State and local agencies
often need to be reimbursed for the costs of prosecution and court
costs, as well as pre- and post-trial detention.
The Southwest Border Prosecutor Initiative helps relieve border
communities of the steep costs of Federal drug prosecutions. Cases
involving illegal aliens and drug traffickers are complex and urgent.
That's why the Southwest Border Prosecutor Initiative needs and
deserves vigorous Federal support.
Last year Congress funded this program with $29,617,000. The
committee's recommended funding level for this year, 2008, amounts to
only a 1 percent increase over last year's appropriation for the
Southwest Border Prosecutor Initiative. Meanwhile, the Census Bureau
stands to receive over $369 million more than last year. That amounts
to an increase of 40 percent for the census.
Right now, I, along with the constituents I represent, believe the
higher priority for our country must be to get a handle on our borders.
Some aliens who illegally enter America only seek jobs, but then there
are others who are very, very dangerous. These aliens, especially the
drug traffickers, call for extra attention. My amendment would boost
funding to the Southwest Border Prosecutor Initiative by $10 million,
without costing the taxpayers any more money.
I ask my colleagues to join me in support of this important
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to this amendment
which, again, shows there is a run on the Census Bureau; it's as though
the Census Bureau wasn't important, and it's crucially important.
We have funded the southwest border prosecutors program at $30
million in this bill, and the President requested zero for it in this
bill. So I think we're keeping faith with the southwest border
prosecutors. And we have kept faith and funded in this bill tremendous
amounts of money for State and local law enforcement above the
President's request, $1.7 billion above the President's request. So we
really are addressing these concerns.
We can go anywhere in the bill for any worthy cause, especially all
of the law enforcement accounts, they're all worthy causes, and say,
oh, let's increase the funding for that. It makes it sound like we are
newly addressing an issue where it has been substantively addressed
previously in this bill.
Now, let's look at the offset. And again, we're looking at Census
like it's not important, and it's crucially important. Specifically
these cuts that were represented by the offsets to this increase would
eliminate the current Industrial Reports Program used by the Federal
Reserve Board for the index of industrial production and also used in
trade negotiations by our U.S. Trade Representative, the International
Trade Commission and the Department of Commerce's Office of Textiles
and Apparel. This amendment will also make it impossible to assess the
impact of increased imports on domestic industries.
Secondly, this offset would eliminate the quarterly financial reports
which are the government's most current and comprehensive reports on
corporate financial activity. This break in this valuable time series
program, which goes back 60 years, there is a continuity to this
program, would erode the quality of our statistical measurements,
hinder public and private decisionmakers and eliminate a critical
source of information on corporate profits.
Next, Mr. Chairman, it would eliminate the Survey of Business Owners
and Self-Employed Persons, which is the only comprehensive source of
information on selected economic and demographic characteristics for
businesses and business owners. The survey data is absolutely critical
to the missions of the Minority Business Development Agency, the Small
Business Administration, and other Federal, State and local agencies to
assess changes in women and minority-owned business, and to analyze the
effectiveness of these programs. And the amendment it would eliminate
funding to the Foreign Research and Analysis Program, which generates
economic, social and demographic information.
[[Page H8436]]
Do we see the harm that this amendment and this offset would do to
the Census Bureau, to the statistics we gather that are absolutely
crucial to business, in addition to the overall attitude about an
almost frivolousness as we deal with the important business that the
Census Bureau does?
Let's respect the Census Bureau. Let's respect the surveys and the
reports and economic statistics which it generates, which we rely on in
our daily lives for social programs, but also for the important purpose
of assessing where we are and where we stand in business in an
increasingly competitive world.
I oppose the gentlelady's amendment on all of those grounds, Mr.
Chairman.
Mr. Chairman, I yield back the balance of my time.
Mrs. MALONEY of New York. Mr. Chairman, I move to strike the last
word.
The CHAIRMAN. The gentlewoman is recognized for 5 minutes.
Mrs. MALONEY of New York. Mr. Chairman, I rise in opposition to my
good friend's amendment. The census is critically important. It's even
required in our Constitution. The importance of an accurate census
cannot be overstated. The Founding Fathers of our country understood
it; they wrote it right into Article I, section 2 of the Constitution.
It is very, very important for the reasons that Chairman Mollohan
mentioned, but it's absolutely our constitutional obligation to conduct
the census and to do it to the very best of our ability.
To delete very important programs that put together data on which we
make decisions, policy decisions, in our country is extremely short-
sighted.
I rise in strong opposition, not because I oppose the program it
seeks to add funding to, but because I oppose the offset, the cut to
the census. And I think that it's easy to say that programs that fight
crime or aid local law enforcement need this money more than the
census. On the surface the census does not seem to have the direct
connection to public safety that some of these programs do.
{time} 1430
What many people do not realize, however, is that local law
enforcements rely on the Census every day and an inaccurate count could
jeopardize their ability to fight crime. Our businesses rely on it. Our
funding formulas are tied to it.
We are required to conduct the census every 10 years by our
Constitution in order to have reapportionment. Our representation is
tied to it. So when you cut the money to the Census, you are cutting
representation. You are cutting accurate data so that we can make
accurate decisions in this body. It is very short-sighted.
Mr. Chairman, I rise today in strong opposition to this amendment,
not because I oppose the program it seeks to add funding too, but
because I oppose the offset. Every year we have the same fight to
maintain funding for the Census Bureau. I don't know how many times
I've had to come down here to try and explain how essential it is that
we not cut funds for the Census Bureau.
The Census is the largest peacetime mobilization in history. It
requires recruitment and training of over 500,000 enumerators and
census workers, to count more than 300 million residents at 130 million
unique addresses. All of this massive preparation takes place according
to a strict, decade-long schedule. The closer we get to the decennial,
the more important it is to adhere to that schedule. In 2008, there are
two full dress rehearsals planned, one in California, and one in North
Carolina.
Former Census Bureau Director Kenneth Prewitt once said that it is
difficult to do a really good census, but it is easy to do a bad one.
If we cut funds to the Census Bureau, we will easily do a bad one.
Census as a Good Taxpayer Investment
The Federal government depends on census data in three important
ways. First, to distribute funding through eligibility criteria and
allocation formulas. 69.3% of the Federal grants given out in FY2004
(the most recent year that we have this data for) were allocated based
on Census Bureau data. Second, census data are used to enforce Federal
civil rights and anti-discrimination laws such as the Voting Rights Act
and the Fair Housing Act. Third, the Federal government uses census
data to create models and estimates for various Federal programs, and
to then evaluate their efficacy.
State and local governments use census data for different purposes.
They allocate criminal justice resources based on crime maps and
demographic profiles. They base disaster response plans on census data.
They analyze their transportation systems using information from the
Census Bureau. The list goes on.
Not only do governments of all levels rely on the census, but the
private sector does as well. Businesses conduct market research based
on census data. Hospitals identify their constituencies and how to
better serve their needs based on census data. The real estate sector
uses it to . . . .
One can argue, therefore, that the census is essential not only to
democracy, but to the U.S. economy as well. With so many governments
and businesses who rely on data, it is absolutely essential that that
data be accurate.
Over ten years, the 2010 census will cost approximately $11.5
billion. That's an average of $1.2 billion per year. Divide that by the
population of the U.S., and the cost is approximately $4 per person,
per year. Four dollars. That's it. I don't know about you, Mr.
Chairman, but I am willing to spend $4 a year to ensure that Federal,
State, and local governments, businesses and non-profits, all have
accurate data to conduct their business. In fact, considering the
enormous benefit that the economy gains by having an accurate census,
I'm willing to wager that this is one of the most cost-effective uses
of taxpayer dollars. I urge my colleagues to spend your constituents'
tax dollars wisely by opposing any amendments that cut funding from the
census.
Constitutional Obligation
The importance of an accurate census enumeration cannot be
overstated. The founding fathers of our country understood, they wrote
it right into the Constitution. In Article I, Section 2 of the
Constitution, it says that congressional representation and taxes shall
be based on the population. I quote directly, ``The actual Enumeration
shall be made within three years after the first meeting of the
Congress of the United States, and within every subsequent term of ten
years, in such manner as they shall by law direct.'' By extension, the
census affects Presidential election, as the number of electoral
college votes for each State is based on the number of representatives
and senators from that State. There are several instances (listed
below) in recent history where very close elections and redistricting
hinged directly on census data. When the founding fathers rooted our
representative democracy in an accurate enumeration of the population,
they placed a great burden on the census. It is our constitutional
obligation to conduct this census, and to absolutely do it to the best
of our ability.
After Census 2000, the state of Utah missed gaining a fourth
Congressional seat and sixth electoral vote by 856 residents; the 435th
seat and 538th electoral vote went to North Carolina instead. Utah's
experience has been highly instructive to states with regard to the
2010 Census. Realizing that apportionment is a zero sum game, more
states will be working aggressively to bring about a full count.
The result of the 2000 presidential election turned on the accuracy
of the 1990 census. The election was so close that a slightly more or
less accurate census could have produced another pattern of
Congressional apportionment and so a different outcome.
In 2003, the Texas state legislature's redrawing of Congressional
Districts produced quite a commotion, as some legislators in the
minority left the state in the hopes of blocking approval of the new
boundaries.
Crime-fighting
It is very easy to say that programs that fight crime or aid local
law enforcement need this money more than the census. On the surface,
the census does not seem to have the direct connection to public safety
that (anti-meth program, COPS, SCAAP) does. What many people don't
realize, however, is that local law enforcement officials rely on the
census every day, and an inaccurate count could jeopardize their
ability to fight crime. One of the most valuable tools for local law
enforcement is crime mapping. This technology allows them to more
effectively allocate limited resources and manpower based on crime
statistics and information on neighborhood characteristics. They are
better able to predict where crimes will occur based on this
information, and can therefore send more police officers as a
preventative measure. Crime mapping programs draw heavily from
demographic and housing data from both the decennial census and the
yearly American Community Survey (ACS). When a census or ACS count is
less accurate due to lower funding levels, it will jeopardize our
ability to effectively fight crime at the local level.
Domestic Violence
Let's be clear, I am extremely supportive of funding for programs to
combat domestic violence. I have devoted much of my career to making
women's lives better, and have been an outspoken advocate of reducing
violence against women. However, I cannot support this amendment.
Taking money from the census to fund a domestic violence prevention
[[Page H8437]]
program is nonsensical. These programs rely on census data to recognize
patterns of domestic violence, such as the link between poverty and
domestic violence. Domestic violence advocates also use census data to
analyze the impact of these programs. And finally, the funds that we
would give to these programs will be based on funding formulas that use
data from the census. If we do not have the most accurate census
possible, this program, and all the other programs that receive Federal
funding, will be at risk.
Mr. FRELINGHUYSEN. Mr. Chairman, if the gentlewoman will yield, we
obviously respect our colleague's attempt to improve the financial
situation for these border prosecutors, but the general feeling is that
Census accounts are not the ones we want to use for that purpose. But
we certainly respect what you would like to do to enhance their
resources.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from West Virginia (Mrs. Capito).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mrs. CAPITO. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from West Virginia will be
postponed.
The Clerk will read.
The Clerk read as follows:
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $18,581,000, to remain available until September 30,
2009: Provided, That notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That the Secretary of Commerce is authorized to
retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications
research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in
furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall
remain available until expended.
Amendment Offered by Mr. Shimkus
Mr. SHIMKUS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Shimkus:
Page 7, line 8, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 21, line 7, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Mr. SHIMKUS. Mr. Chairman, I come down to offer this amendment with
respect to myself and my colleague, Anna Eshoo. She is tied up in an
Intel briefing, or she would be down in support of this amendment.
We both cochair the E9-1-1 Caucus in which, in 2004, we passed on
this floor an authorization of $1.2 billion over 5 years to help our
first line responders roll out ENHANCE 9/11 in a 50 percent grant
program with our public safety officials. Under Republican control over
the past 2 years, and now under a Democrat-controlled appropriation
budget, we have yet to see our first dollar from the appropriation
process committed to ENHANCE 9/11.
So the basic premise of this amendment is just to get started. There
is $1.2 billion authorized. This is the third year with no dollars
appropriated. We are asking for a shifting of funds of $5 million to
make this happen. Again, this amendment is supported by the National
Emergency Numbering Association, which is commonly referred to as NENA;
and APCO, which is the Association of Public-Safety Communications
Officials.
We all know the stories about people who expect that when they dial
9/11 on a cellular phone that not only will someone answer that, but
people will know where they are. I represent rural southern Illinois,
parts of 30 counties. It is one of the largest congressional districts
east of the Mississippi. You can go off in some area and folks may not
find you until it is too late.
So the whole emphasis behind ENHANCE 9/11 is to use technology, work
with the land line companies, work with the cell companies, work with
the public service answering points of PSAPs, or we call them the E9-1-
1 call centers, and in so doing, make sure that we move our country
forward to be able to identify folks when they call 9/11 on their
cellular phone. Again, I would venture to guess that almost everyone
voted for ENHANCE 9/11, cellular identification authorization amount
$1.2 billion over 5 years.
So it is time, my colleagues. Congresswoman Eshoo and I just want us
to start. I think the public service, the first line responders and the
public safety communities really want us to at least show some good-
faith effort by finally releasing some dollars. That is the intent of
this amendment.
I see there is some activity on the other side. I was hoping that the
chairman would pay attention, because I am going to call, obviously,
for the voice vote, but because of the way that it is worded, I will
not call for a recorded vote, but I would like for him to be receptive
to moving this provision, especially when it is brought in a bipartisan
manner with a major member of the Commerce Subcommittee and the
Telecommunications Subcommittee.
Mr. Chairman, I yield back the balance of my time.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to this amendment.
Mr. Chairman, this bill is currently balanced among the many
competing priorities between the Subcommittee on Commerce, Justice and
Science. The amendment significantly upsets that balance.
This Congress has already provided the proper funding mechanism for
enhanced 9/11 grants, which is through proceeds realized through the
sale of the spectrum space. I have grave concerns about a $5 million
reduction to the general administration account of the Department of
Justice.
The Department may have to lay off its current personnel, reduce key
projects that might have to be terminated, and substantially scale back
others in order to absorb a reduction in this office.
We have to be respectful in the requests and the necessity of having
adequate funding and adequate personnel to run these programs, to run
the Department of Justice. Let's not be cavalier in these offsets. Just
because the account is called ``general'' doesn't mean that it doesn't
need funding. It also doesn't mean that we haven't been careful and
deliberate as we have looked at the needs and funded these accounts.
These are real people we are talking about laying off. They have real
jobs, and they administer real programs.
So when we offer an amendment and suggest a $5 million offset, we
have to be mindful of the consequences of that. DOJ is currently
challenged to fill authorized positions at all of its components. We
are increasing funding at the DOJ. Partly these funding requirements
are the result of chronic gaps between the funding requested and
appropriated for the S&E accounts and the true cost of pay raises.
Let's be respectful of other people in their jobs as we consider these
offsets.
I yield to the distinguished ranking member.
Mr. FRELINGHUYSEN. Mr. Chairman, like the chairman, we want to salute
Representative Eshoo and Mr. Shimkus. This is sort of a promise that
has not been delivered on, and we are mindful of it. But I would agree
with the chairman, to take a whack out of the Department of Justice
general administration accounts would affect people that are working
there presently.
There is the expectation, which, of course, it might irritate you for
me to mention this, that somewhere along the line, goodness knows when
it will happen, there will be a spectrum auction. I don't know, there
is $40 or $50 million. I know you are looking for $250 million. It is
not exactly inexpensive. When the auction should occur, this is the
type of necessary project that needs to be funded.
But I would concur with the chairman, I know you tried to choose
wisely, I am not sure these are the accounts that I would recommend
taking money from. So I would concur with the chairman.
Mr. MOLLOHAN. Mr. Chairman, reclaiming my time, I thank the
distinguished ranking member for those
[[Page H8438]]
thoughts. If I have any time left, Mr. Chairman, I would just point out
that about 90 percent of the account where the gentleman is seeking an
offset, the general administrative account, goes towards operational
support for the Department of Justice agencies and their missions, by
maintaining and overseeing facilities, for procurement of law
enforcement tools for agents and employees, and for management of
financial systems.
Cutting this account could prevent implementation of a unified
financial management system that would limit the fraud, waste, and
abuse that everyone in this body talks about. These are not the areas
in which we want to make cuts.
Ms. ESHOO. Mr. Chairman, the amendment that Mr. Shimkus and I are
offering will provide $5 million for the National Telecommunications
and Information Administration (NTIA) with the intent of allowing them
to issue grants to upgrade Public Safety Answering Points (PSAPs),
otherwise known as 9-1-1 call centers. Call centers across our country
today need to enhance their 9-1-1 technology in order to actually
locate where a mobile phone caller in crisis is.
Annually, over 200 million 9-1-1 calls are made, and increasingly
those calls are made from mobile phones. According to CTIA, the
wireless industry association, more than 10 percent of households now
rely on wireless phones as their only telephone service. No wonder it's
surprising to many Americans to learn that a 9-1-1 call center may not
have enhanced technology to trace an emergency call from a mobile phone
in order to dispatch help to exactly where it is needed.
Imagine calling 9-1-1 from your mobile phone at the scene of a car
accident or a crime and being told the operator has no idea where you
are.
Millions of Americans face this risk every day.
While coverage in many areas is improving, there are significant gaps
in the public safety system, particularly in small, rural, and poor
communities where federal assistance could be most meaningful.
In 26 states, more than 20 percent of counties have not deployed the
latest 9-1-1 technology. In 15 states, well over half the counties
haven't deployed this technology. In West Virginia (Chairman Mollohan's
home state), nearly one third of the population doesn't have enhanced
9-1-1 coverage. In Ohio, half the state's population lacks this
coverage, and in Mississippi, two-thirds.
In 2004, Congress and the President attempted to address this problem
by enacting the ENHANCE 9-1-1 Act. The law that Mr. Shimkus and I
authored created a grant program to pay 50 percent of the cost for
upgrading 9-1-1 call centers and ensure the most precise location
(within 300 meters in most cases) of an emergency call from a mobile
phone.
The program was authorized to provide up to $1.25 billion in grants
over 5 years. Regrettably, 3 years later Congress has yet to fund the
program. In fact, the NTIA and National Highway Traffic Administration
(NHTSA), the agencies with responsibility for this program, haven't
even established regulations for awarding grants. With only 2 years
left in the authorization, it's time to get the program underway.
The modest amount of funding in our amendment will provide grants to
approximately 54 smaller counties to upgrade their wireless E9-1-1
capabilities or up to 17 grants to counties with populations over
100,000. This public safety funding is offset by reducing funds from
the Justice Department's General Administration.
Our Amendment has been endorsed by the Association of Public-Safety
Communications Officials and the National Emergency Number Association
and I urge my colleagues to join me and Representative Shimkus in
voting for it.
Mr. MOLLOHAN. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Shimkus).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. SHIMKUS. 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 Illinois will be
postponed.
Mr. CARDOZA. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from California is recognized for 5
minutes.
Mr. CARDOZA. Mr. Chairman, I intended to offer an amendment with
regard to sea turtles. I would like to engage in that discussion for a
bit. I will not offer that amendment; I would like to discuss it with
the chairman of this Appropriations Committee.
There are currently six species of sea turtles, the green, the
hawksbill, the Kemp's Ridley, the leatherback, the loggerhead and the
Olive Ridley sea turtle. All six are listed as threatened or endangered
species under the Endangered Species Act.
Sea turtles face a range of threats from land and sea. Their nesting
beaches are under constant attack from pollution, trash, debris,
predators and vehicles driving on the dunes.
Once out of the nest, sea turtle hatchlings use light cues to find
the sea. Artificial lighting near the beach can disorient hatchlings,
leading to dehydration and death.
In the water, sea turtles face even more serious threats. Every year,
thousands of sea turtles are injured or die after becoming entangled in
discarded fishing gear and other marine debris, from ingesting plastic
bags or oil and tar, from being crushed by dredges, and by being
accidentally caught by U.S. commercial fishing operations. The latter
is one of the most serious threats facing sea turtles.
Sea turtles are accidentally caught in gill nets, trawls, long-lines
and dredges, subjecting them to severe injury, crushing, or drowning.
The U.S. Government authorizes commercial fisheries to kill nearly
10,000 sea turtles and harm another 334,000 each year. And that is only
what is authorized, not what actually occurs.
In addition, the government does not adequately take into account
that when a sea turtle is injured, its swimming, hunting, and
reproductive abilities may be severely impaired, further jeopardizing
the population.
Currently, approximately one in 1,000 sea turtle hatchlings survives
to adulthood, one in 1,000. While they are long-lived, they also reach
reproductive maturity late in life. Due to the many risks they face,
however, relatively few sea turtles survive to maturity, and even fewer
live to reproduce.
In order for the sea turtle population to recover, we must do a
better job monitoring the population and strengthen the necessary
protective enforcement measures. The Cardoza-Hastings-Castor amendment
was quite simple: it provided an additional $1 million for sea turtles
under the Protective Species Research and Management account for the
National Marine Fisheries Service.
What I have done with the chairman is to request that the chairman
work with us, and I would like to now yield to discuss with the
chairman what we might do moving forward.
Mr. MOLLOHAN. Mr. Chairman, if the gentleman will yield, first of
all, I want to commend the gentleman for raising this issue. Six of the
seven sea turtle species are endangered. It is a real concern. It is a
real plight. We can be particularly proactive trying to address the
endangered status of these turtles in our borders. It becomes far more
difficult as we go out around the world.
{time} 1445
It is important that we address it and we pay increasing attention to
it. The gentleman requests an additional $1 million. There is a $9
million program looking at this. We intend to work with the gentleman,
if he so desires, to ensure that NOAA is increasingly focusing on the
problem, and we will be bringing the gentleman's concern to their
attention, and letting them understand that. We will be working with
the professionals at NOAA, and we want to give them all of the support
that we can and let them know that this is a priority for us.
So I commend the gentleman for bringing the issue to our attention,
and assure him that we look forward to working with him not only as we
process this bill through to completion, but subsequent to that and
throughout the year to ensure that NOAA gives it the adequate attention
that this issue deserves.
Mr. CARDOZA. I thank the chairman. I look forward to working with
him. That is acceptable to us. We will work together as this bill goes
to conference to see how we can better deal with this issue.
My daughter Brittany is 13 years old, and my daughter Elaina is 10.
They both have encouraged me to work on
[[Page H8439]]
this. One knows that we have to try to abide by our children because
they usually have the right take on what is right in the world. I thank
the chairman for allowing me to work on this issue.
Mr. MOLLOHAN. They do have the right take, and she obviously has
picked a substantive issue to be concerned about and defend, and the
gentleman is to be commended for picking it up and fighting for her and
sea turtles.
Mr. CARDOZA. I thank the chairman.
Mr. Chairman, how much time do I have remaining?
The CHAIRMAN. The time of the gentleman from California has expired.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. MOLLOHAN. I yield to the gentleman from California.
Mr. CARDOZA. Again we have worked with the chairman. There was an
amendment that I was going to offer with regard to the CASA, Court
Appointed Special Advocates, program. This is an issue I am very
passionate about as two of my children are adopted. They were into the
foster care system and into adoptive placement because of a CASA
volunteer seeing the desperate situation they were both in.
The current CASA funding only allows for 50 percent of the children
who are under court supervision, under court custody to receive the
assistance of a CASA volunteer. The program is underfunded.
I had originally intended to fully increase this funding so that
every child could have a child advocate and a CASA. That is not
authorized under the authorization, so we have withdrawn the amendment
at this time, but I will work with the gentleman in the future to make
sure that we do the right authorizing legislation so this appropriation
can be dealt with in the appropriate way in the future.
I thank the gentleman for his advice and leadership in helping me
work on this issue.
Mr. MOLLOHAN. Mr. Chairman, reclaiming my time, I point out that when
the gentleman brought his interest in CASA to the attention of the
committee, I pointed out to him that CASA is funded in our bill at the
authorized limit of $12 million. We don't suggest that it does not
merit and that the need isn't there for considerably additional
funding. That is something that we can look at in the future, and I
thank the gentleman from California for bringing this matter to the
attention of the committee and to the attention of the full body.
CASA is a vital program that is important in the lives of countless
children in foster care, and we will continue to work with the
gentleman on his concern of ensuring that soon every child has a CASA
representative.
As the gentleman represents, only 50 percent, if it is 50 percent, of
those in need are served by this vital program. As my colleagues may
know, 7 years ago, and as the gentleman pointed out, and we are very
impressed by that fact and taken by it, adopted two foster children.
There is no greater love than adopting children. We look forward to
working with the gentleman as we move forward.
Mr. CARDOZA. I thank the gentleman for his extraordinary leadership
and for his indulgence of his time.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
public telecommunications facilities, planning and construction
For the administration of grants authorized by section 392
of the Communications Act of 1934, $21,728,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office, $1,915,500,000, to remain
available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to
section 31 of Act of July 5, 1946 (60 Stat. 437; 15 U.S.C.
1113) and 35 U.S.C. 41 and 376 are received during fiscal
year 2008, so as to result in a fiscal year 2008
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2008, should the total
amount of offsetting fee collections be less than
$1,915,500,000, this amount shall be reduced accordingly:
Provided further, That from amounts provided herein, not to
exceed $1,000 shall be made available in fiscal year 2008 for
official reception and representation expenses: Provided
further, That in fiscal year 2008 from the amounts made
available for ``Salaries and Expenses'' for the United States
Patent and Trademark Office (PTO), the amounts necessary to
pay: (1) the difference between the percentage of basic pay
contributed by the PTO and employees under section 8334(a) of
title 5, United States Code, and the normal cost percentage
(as defined by section 8331(17) of that title) of basic pay,
of employees subject to subchapter III of chapter 83 of that
title; and (2) the present value of the otherwise unfunded
accruing costs, as determined by the Office of Personnel
Management, of post-retirement life insurance and post-
retirement health benefits coverage for all PTO employees,
shall be transferred to the Civil Service Retirement and
Disability Fund, the Employees Life Insurance Fund, and the
Employees Health Benefits Fund, as appropriate, and shall be
available for the authorized purposes of those accounts:
Provided further, That sections 801, 802, and 803 of division
B, of Public Law 108-447 shall remain in effect during fiscal
year 2008.
Science and Technology
Technology Administration
salaries and expenses
For necessary expenses for the Under Secretary for
Technology, $1,000,000, to remain available until September
30, 2009.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $500,517,000, to remain available
until expended, of which not to exceed $12,500,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Standards
and Technology, $108,757,000, to remain available until
expended.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $93,062,000, to remain available until expended.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by the Act entitled ``An Act to establish the
National Bureau of Standards'' (15 U.S.C. 278c-278e),
$128,865,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $2,847,556,000, to remain available until
September 30, 2009, except for funds provided for cooperative
enforcement which shall remain available until September 30,
2010: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That the Administrator of the
National Oceanic and Atmospheric Administration may engage in
formal and informal education activities, including primary
and secondary education, related to the agency's mission
goals: Provided further, That in addition, $3,000,000 shall
be derived by transfer from the fund entitled ``Coastal Zone
Management'' and in addition $77,000,000 shall be derived by
transfer from the fund entitled ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries'':
Provided further, That of the $2,938,556,000 provided for in
direct obligations under this heading $2,847,556,000 is
appropriated from the general fund, $80,000,000 is provided
by transfer, and $11,000,000 is derived from recoveries of
prior year obligations. Provided further, That any deviation
from the amounts designated for specific activities in the
report accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in
section 505 of this Act.
[[Page H8440]]
Amendment No. 22 Offered by Mr. English of Pennsylvania
Mr. ENGLISH of Pennsylvania. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 22 offered by Mr. English of Pennsylvania:
Page 11, line 19, after the dollar amount, insert the
following: ``(reduced by $2,000,000)''.
Page 68, line 16, after the dollar amount, insert the
following: ``(increased by $1,000,000)''.
Mr. ENGLISH of Pennsylvania. Mr. Chairman, the amendment I am
offering today would redirect a very modest amount of funds from NOAA
to the United States International Trade Commission, we hope to good
effect.
The ITC serves on the frontline in the trade war against unfair and
illegal imports. The Commission, an independent, quasi-judicial Federal
agency, is part of America's critical network of ``trade cops.''
The Commission investigates the effects of dumped and subsidized
imports on domestic employers and American workers, and conducts global
safeguard investigations on import surges. The Commission also
adjudicates cases involving infringement by imports of intellectual
property rights.
Very simply, this amendment presents a clear choice and a simple one:
Jobs for constituents in industries threatened by illegal and predatory
trade practices, or more money for administration and bureaucracy.
Whatever an individual Member's views on international trade, no one
can disagree with the notion that the United States is becoming more
and more integrated into the global marketplace. U.S. exports are
increasing; and, perhaps unfortunately, so are imports.
Unfortunately, all too often countries do not fulfill their promises
to stay within the rules of the global trading system. These
rulebreakers do not only cheat the system at our expense, but their
action has the effect of costing America jobs. It is precisely for
these reasons that we have laws on the books to police our markets, to
combat illegal trade practices like dumping, subsidies and intellectual
property theft. These laws, however, are only as good as the
enforcement mechanism that sustains them.
There are countless examples of employers in congressional districts
across the country that are being adversely affected by illegal trade
practices. Everything from Channellock pliers in my district, or the
Club in your car, to Zippo lighters are under assault by intellectual
pirates. Everything from tires to lemon juice to honey to live swine to
furniture to computer chips is under assault by illegal subsidies or
dumping. And everything from steel pipe, hangers and brake drums and
rotors are under assault from Chinese import surges. These industries
illustrate the range of American employers that turn to the Commission
to hear their case when our trading partners run afoul of their
obligations.
And because of the volume of cases before the Commission, which is
exploding, it is incumbent upon us to provide the necessary resources
to our trade cops.
Intellectual property cases before the Commission have more than
tripled since fiscal year 2000. The Commission expects an increase in
dumping and antisubsidy investigations for the fiscal year 2008
compared to a relative decline in 2005 and 2006.
Also, the Commission will be tasked with examining the economywide
economic impact that pending FTAs will have on our country.
All of these facets of the Commission are far too important not to
put the necessary resources into the Commission to allow it to complete
its mission. If we are concerned about the effects that illegal and
unfair trade is having on the average working American, this amendment
is the very least we can do.
Again, Mr. Chairman, this amendment presents a simple choice, jobs
for constituents in industries threatened by illegal and predatory
trade practices, or more money for administration and bureaucracy. I
choose American jobs, and I hope my colleagues join me in passing this
amendment.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. I rise in opposition to the gentleman's amendment. The
gentleman attempts to move $2 million out of NOAA, out of the very
important programs that fund the National Weather Service--fisheries,
oceans, climate--money that is used to do a lot of the research that is
extremely important to all of these areas, including climate change.
We have tried to fund NOAA in a way that respects its mission this
year in the House of Representatives. Typically we don't do that, and
the Senate earmarks it. We have tried to go through account by account
and look at the National Weather Service, look at the fisheries, look
at oceans and look at climate change, and fund these programs
accordingly. This money will take away from that effort.
Now, where is the money going? It is going to the ITC. During a
hearing we specifically asked Chairman Pearson if he got his request,
and he got the funding he requested as he requested it, if he would be
happy and if he would be made whole. And his testimony specifically to
us: ``If you do that, Mr. Chairman, then we are very happy.'' And
that's what we did in this bill, so I really don't see the need under
any circumstances for increasing the ITC at this time.
The gentleman mentioned all of the important missions of the ITC and
all of the work it does. And you know what? We respect that, and we
have funded it completely in this bill and been responsive to the
Chairman Pearson's request. He represented to us at the hearing that if
we were to do that, which we did, that he would be totally happy with
this funding.
I have to say that the gentleman is laboring on behalf of an agency
that is fully funded and above that has received all of the funding
requested in this bill. So I oppose this amendment to take money from
science programs and to take it for no compelling reason from NOAA.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. English).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. ENGLISH of Pennsylvania. 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 Pennsylvania will be
postponed.
Amendment No. 17 Offered by Ms. Bordallo
Ms. BORDALLO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 17 offered by Ms. Bordallo:
Page 11, line 19, after the dollar amount insert ``(reduced
by $500,000) (increased by $500,000)''.
Ms. BORDALLO. Mr. Chairman, I offer this amendment for the purpose of
ensuring that not less than $500,000 is expended by NOAA in 2008 for
Western Pacific Fishery Demonstration Projects.
This amendment would effectively ensure that such funding is provided
for this program. The Western Pacific Fishery Demonstration Projects
program was authorized by the 104th Congress through the passage of an
act that reauthorized the Magnuson-Stevens Fishery Conservation and
Management Act. This is a program that was funded at the level this
amendment proposes each year from 1999 to 2005. However, unfortunately,
this program has not been funded in the past 2 years.
Valuable and economically innovative projects have been demonstrated
and explored in the past through this program. It is important to the
communities represented by the Western Pacific Fishery Management
Council, which includes my home district of Guam, for this program to
be funded.
This is a competitive program, and project proposals are reviewed
against criteria established by NOAA. The program's chief purpose is to
protect and promote traditional fishing practices in the American
Pacific basin.
[[Page H8441]]
{time} 1500
Development of sustainable fisheries in the islands is important to
their economic diversification, growth and preservation of traditional
cultural practices.
On Guam, for example, a proposal deemed to have merit awaits funding.
Our fishermen and -women need continued support to demonstrate and
establish a deep-set longline fishery. Funding this program is the key
to ensuring that such a meritorious project can be pursued in a
Federal-local partnership.
I am grateful for the opportunity to offer this amendment, and I want
to thank the distinguished gentleman from West Virginia (Mr. Mollohan)
and our colleague from New Jersey (Mr. Frelinghuysen) at this time for
their able leadership in bringing this bill to the floor, and also as
Chair of the Fisheries, Wildlife and Oceans Subcommittee, I also want
to acknowledge the full committee Chair, Mr. Obey, here on the floor
for his work and leadership on behalf of Members of this body, and I
also would like to recognize Mr. Lewis, the ranking member.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, I accept the gentlelady's amendment.
The level of funding for this program needs to be increased to help
foster and promote traditional indigenous fishing practices. The
gentlelady has been a tireless supporter of assisting the indigenous
people of Guam, Hawaiian Islands and the South Pacific.
And this funding provides funds for a competitive grant within NOAA
to allow indigenous peoples of the western Pacific to explore new
fishing means both which are safe and economically sustainable.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Guam (Ms. Bordallo).
The amendment was agreed to.
Amendment No. 27 Offered by Mr. Rogers of Michigan
Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 27 offered by Mr. Rogers of Michigan:
Page 11, line 19, insert after the dollar amount the
following: ``(reduced by $16,000,000)''.
Page 29, line 19, insert after the dollar amount the
following: ``(increased by $16,000,000)''.
Mr. OBEY. Mr. Chairman, I reserve a point of order against the
amendment.
The CHAIRMAN. A point of order is reserved.
The gentleman from Michigan is recognized for 5 minutes.
Mr. ROGERS of Michigan. Mr. Chairman, I have a series of three
amendments, and what we are trying to do here today is solve a couple
of very real problems for average FBI agents who, in my day, were
called brick agents. These are the folks who are doing the real work,
working organized crime or collecting intelligence on foreign spies or
doing counterterrorism work here in the United States, trying to save
and prevent any hazards from happening in our homeland, doing violent
crime or chasing gangsters or involved in the public corruption that is
pervasive in so many of our cities around the United States.
They're doing great work, and these are very talented people, and we
don't really pay them a lot of money. We ask a lot of them. We tell
them to move around a lot. We send them to very high-cost cities, New
York City, and think what about we do.
We have an agent who's been in, say, 7, 8, 9, 10 years, he makes
about $89,000 as a supervisor of other FBI agents, and he's in Alabama.
You can do pretty well at that standard. And then we tell him or her,
because his or her talents are needed in New York City, You're going to
go. So you pack up your family and you show up in one of the world's
most expensive cities, and for that, we give you $3,000.
So he or she goes from living pretty decently in a place like Alabama
on $89,000 to a high-cost city making $92,000, and the hardship begins.
It's wrong that we treat some of our frontline defenders in homeland
defense in this way.
So, last summer, we sat down and tried to work with the FBI director
to get a couple of things accomplished. One was a housing allowance.
Other agencies in the city of New York have housing allowances for
their agents and their officers who serve there because they recognize
the need for, A, constant moving; and B, in high-cost areas, you need a
little extra help just to get by. Some of these agents have 3-hour
commutes to go into work, 3-hour commutes, work a very long day, longer
than most Americans; then they have a 3-hour commute to go home. It's
pretty tough on their family life. It's tough on their finances, and
it's wrong that we ask these agents to suffer under that kind of
financial difficulty. We should and could do better.
So, last summer, we agreed with the FBI director, of which we have
public statements to the effect, that we would try a pilot housing
project here in Washington, D.C., another high-cost area. It's hard to
attract FBI agents to come back to Washington, D.C., because of the
high cost that is uncompensated. So we agreed that we would try a pilot
project here to see if we couldn't work out the kinks. Now, the FBI has
agreed to this program. They said it's the right thing to do. They will
try a pilot project. If it works here, we'll see where else it can go.
So we take a very small amount of money, about half of 1 percent from
the $2 billion plus going to NOAA, and we say we're just going to
redirect a little of this money into something that we know can make a
difference for those who are defending the United States of America and
doing some of the hardest work that is out there.
So, if we do this amendment, I won't have to do an amendment later on
that specifically outlines how we would do a housing project for FBI
agents across America. And think of those high-cost cities like Los
Angeles or Miami or Chicago, New York City, places in New Jersey,
Atlantic City, the cost of housing is ridiculous. And they're not well-
compensated to begin with, and to ask that extra burden isn't right.
So we're going to do two things. We're going to do that. Hopefully,
if we do this, I will be able to withdraw my second amendment on the
FBI housing allowance. And secondly, they have something called an up-
or-out policy of which, by the way, I oppose, but I worked with the
director to protect the pensions of those FBI agents that have been
impacted by this up-or-out policy.
And by the way, the FBI, after this agreement last summer, sent an
internal communications and said basically, hey, we're going to do this
for you. For those of you who are impacted, and these are supervisors
who have served well for their country and their community and the
Bureau who had to step down from being a supervisor because they didn't
want to be forced to move to a high-cost city in Washington, D.C., to
further their career. Maybe their kids were in school, maybe they had
to make other considerations. So they were forced not because of their
lack of good work but because they were just serving in that capacity
for 5 years. And those who were close to retirement, it significantly
impacted their retirement, their pensions, and it's wrong.
There's a small number of agents that we can fix with this proposal
that takes care of those agents who have served us all well. While we
were sleeping, they were working. While we were in the safety of our
barbecues, they were in danger protecting this country.
We owe it to them to have these two fixed. It's agreed to by the FBI
director. It's agreed to by the FBI. We just need to get some language
in to accomplish that. I would urge support of this amendment.
Point of Order
Mr. OBEY. Mr. Chairman, I make a point of order against the
gentleman's amendment.
The amendment proposes to increase the level of outlays in the bill.
I don't think that's the intention, but that's the effect.
The fact is that the outlay rate in the NOAA account is 65 percent.
The outlay rate in the FBI account is 80 percent. Therefore, the
amendment is not budget neutral, and I ask for a ruling from the Chair.
The CHAIRMAN. Does any other Member wish to be heard on the point of
order?
[[Page H8442]]
Mr. ROGERS of Michigan. Mr. Chairman, this certainly seems to me a
change in policy. This is a straight transfer. Now, the other two
amendments I understand we may have something to chat about, but this
is a straight dollar transfer. We have reduced one account and
increased another account. It is a straight transfer and should be
considered made in order.
Mr. OBEY. Mr. Chairman, if I could respond, the fact is this may be a
straight transfer as far as budget authority is concerned, but that is
not the impact on the outlay side, and therefore, I ask for a ruling
from the Chair against the amendment.
The CHAIRMAN. Does any other Member wish to be heard on the point of
order? If not, the Chair is prepared to rule on the point of order.
To be considered en bloc pursuant to clause 2(f) of rule XXI, an
amendment must not propose to increase the levels of budget authority
or outlays in the bill. Because the amendment offered by the gentleman
from Michigan proposes a net increase in the level of outlays in the
bill, as argued by the chairman of the Committee on Appropriations, it
may not avail itself of clause 2(f) to address portions of the bill not
yet read. The point of order is sustained.
Amendment Offered by Mr. Mack
Mr. MACK. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Mack:
Page 11, line 19, after the dollar amount insert
``(increased by $21,100,000)''.
Page 16, line 20, after the dollar amount insert ``(reduced
by $21,100,000)''.
Mr. MACK. Mr. Chairman, I first would like to start off by saying
that I'm only here this afternoon because of a concern for an algae
bloom that continues to grow off my coast. It's called red tide. It
causes economic damage. It causes quality of life damage. It's also
harmful to the fisheries.
I also understand that the majority is not really comfortable the way
we constructed this amendment. I do want to say for the record that
I've had a lot of support from Kathy Castor and Vern Buchanan on
working, trying to get more research dollars on red tide.
Currently, NOAA has a program, a peer-reviewed program, that moneys
are appropriated to that then are used for research all around the
country on red tide and harmful algae blooms. This amendment would then
fully fund to $30 million a year those research projects.
I spoke earlier to the chairman of the committee, and we talked about
how we can move this ball down the road, how we can move forward on
trying to get those research dollars up. It has a significant impact
for our communities. The chairman was kind enough to agree to speak on
this and to work with me and to work with my colleagues on ensuring
that we at least have the discussion about making sure the research
dollars are there.
Mr. MOLLOHAN. Mr. Chairman, will the gentleman yield?
Mr. MACK. I yield to the gentleman from West Virginia.
Mr. MOLLOHAN. Mr. Chairman, I'm pleased to discuss this matter with
the gentleman.
This issue was brought before the committee rather late, after we had
marked up. The point was made on a bipartisan basis that the
authorization for this program was not adequate. We accepted the
authorization change on our bill and supported an increase in the
authorization, I believe to $30 million.
The bill is already marked up, and we have funded this program at
$8.9 million, recognizing that, like a lot of accounts in this bill,
additional resources are needed. We would be pleased to work with the
gentleman as the bill moves forward to see how we can augment this
funding.
That's a difficult proposition, but we do commit ourselves to looking
to see how and where we might be able to find some additional resources
to fund these accounts, and we look forward to working with the
gentleman in that regard.
Mr. MACK. Reclaiming my time, Mr. Chairman, I thank you for your
remarks, and I do apologize for the last minute on this. We've been
kind of trying to look through the language and understand completely
what was there and what we need to do. We're going to continue to work
through the authorizing committee as well. I appreciate the chairman's
support.
Mr. BUCHANAN. Mr. Chairman, I rise in strong support of the Mack-
Castor-Buchanan amendment to provide critical funding for red tide
research.
Red tide threatens our environment, our health and our economy. But
in recent years, the harmful effects of red tide have killed sea life,
driven people from our beaches to our emergency rooms, and cost the
economy millions of dollars in lost revenues.
This is a problem not just in Florida but in other coastal States.
Red tide is a naturally occurring phenomenon. Scientists differ on
whether it is occurring more frequently and for longer periods of time.
There is also disagreement on whether we should try to kill, contain,
or minimize the impact of red tide.
That's why additional research dollars are needed. And that's why I
support the Mack-Castor-Buchanan amendment.
My district is home to Mote Marine Laboratory, one of the Nation's
premier private marine research laboratories. Mote conducts on-going
red tide research and research related to new methods for early
detection of red tide, the role of coastal pollution and studies of
ways to mitigate and control blooms.
This amendment would fund additional research at places like Mote
Marine to better understand the issue, and these results of these
studies can be used to develop better methods to predict and detect red
tide, and if a consensus can be developed, control and mitigate red
tide.
I want to thank my colleagues Connie Mack and Kathy Castor for
working with me on this important issue.
Mr. MOLLOHAN. Mr. Chairman, I ask unanimous consent to withdraw my
amendment.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
Amendment Offered by Mr. Jindal
Mr. JINDAL. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Jindal:
Page 11, line 19, after the dollar amount insert
``(increased by $2,000,000)''.
Page 21, line 7, after the dollar amount insert ``(reduced
by $2,000,000)''.
Mr. JINDAL. Mr. Chairman, the 2005 hurricane season featured 14
hurricanes, including Hurricane Katrina, which devastated the gulf
coast and became the most costly natural disaster in U.S. history. The
season's hurricanes were responsible for over $100 billion in damage
and over 1,800 deaths. Both Hurricanes Katrina and Rita devastated my
home State of Louisiana.
On August 23, 2005, Hurricane Katrina was nothing more than a mass of
organized clouds over the Bahamas, but later that day, the storm
quickly intensified and headed toward the U.S. coastline. Late on
August 25, the storm made the first landfall just south of Fort
Lauderdale, Florida, as a category 1 hurricane. By early in the morning
of August 28, Hurricane Katrina's winds reached a remarkable 175 miles
per hour, a category 5 storm. Hurricane Katrina seemingly intensified
overnight from category 3 to a category 5 hurricane.
Just before Hurricane Katrina made landfall on August 29, NASA's
QuikSCAT satellite mapped the storm's wind speeds. The data from the
satellite helped forecasters describe Katrina's dangers in public
information bulletins issued just before the storm slamming into New
Orleans. Unfortunately, forecasting efforts may be crippled as data
from the QuikSCAT satellite will become unavailable as the satellite's
lifespan expires.
Measuring a storm's intensity and tracking its direction are critical
to determining appropriate level of emergency preparedness efforts.
Forecasters need alternate methods to measure intensity in order to
convey potential storm damage. In addition to space-based monitoring
platforms on which hurricane research and forecasting scientists rely,
new research is now being conducted by NOAA that will allow forecasters
to recognize rapid changes in intensity much more quickly.
{time} 1515
The National Hurricane Research Initiative has been estimated to have
an annual cost of as much as $300 million, but will accelerate and
improve measurement of hurricane wind structure. The President's 2008
budget request calls for just $2 million in additional studies aimed at
improving hurricane intensity forecasts, an area that the NOAA
Administrator claims is one of the agency's key concerns.
[[Page H8443]]
The amendment that I offer to the appropriations bill would double
the President's increase for NOAA's hurricane intensity research. The
amendment adds an additional $2 million to improve NOAA's ability to
forecast hurricane intensity and to provide better and more usable
information for emergency managers and the public. The activities will
aid NOAA's operational hurricane forecasters and improve understanding
of hurricane intensity and changes in storm structure, especially on
the gulf coast where residents are so sensitive about potential
evacuations, it would be extremely helpful to have better and more
accurate information about intensity as well as the direction of a
storm.
The offset comes out of salaries and expenses in the General
Administration for the Department of Justice. This account received
$104.7 million, which is $6.9 million more than last year's funding
levels.
My amendment will reduce errors in the 48-hour hurricane intensity
forecasting. I urge my colleagues to support my amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, the gentleman seeks to increase by a
factor of two the hurricane intensity forecast capability.
There is a lot of concern with regard to this. We certainly are
extremely sympathetic to the purpose of the amendment. We do not like
the offset at all.
I am wondering if the gentleman would, and I will yield to him for a
discussion of this, if the gentleman would like to work with us and
secure this funding, do everything we can. I think $2 million we
certainly can do as we process this bill forward to conference.
Mr. JINDAL. If the gentleman would yield?
Mr. MOLLOHAN. I yield.
Mr. JINDAL. I certainly would be happy to withdraw the amendment. I
look forward to working with the chairman. I thank him for his interest
in improving the ability of NOAA and to predict the accuracy and
intensity of hurricanes as they form along the coast.
Mr. MOLLOHAN. The gentleman is totally correct. Additional funding in
this area could be used. We are convinced of that. We look forward to
working with the gentleman.
Mr. JINDAL. Mr. Chairman, I withdraw my amendment.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents, Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
National Academy of Sciences'
climate change study committee
Of the amounts provided for the ``National Oceanic and
Atmospheric Administration, Operations, Research and
Facilities'', $6,000,000 shall be for necessary expenses in
support of an agreement between the Administrator of the
National Oceanic and Atmospheric Administration and the
National Academies under which the National Academies shall
establish the Climate Change Study Committee to investigate
and study the serious and sweeping issues relating to global
climate change and make recommendations regarding what steps
must be taken and what strategies must be adopted in response
to global climate change, including the science and
technology challenges thereof.
The agreement shall provide for: establishment of and
appointment of members to the Climate Change Study Committee
by the National Academies; organization by the National
Academies of a Summit on Global Climate Change to help define
the parameters of the study, not to exceed three days in
length and to be attended by preeminent experts on global
climate change selected by the National Academies; and
issuance of a report by the Climate Change Study Committee
not later than 2 years after the date the Climate Change
Study Committee is first convened, containing its findings,
conclusions, and recommendations. Of such amount, $1,000,000
shall be for the Summit on Global Climate Change and
$5,000,000 shall be for the other activities of the Climate
Change Study Committee.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,039,098,000, to remain available until September 30, 2010,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made
available on a dollar-for-dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That except to the extent expressly
prohibited by any other law, the Department of Defense may
delegate procurement functions related to the National Polar-
orbiting Operational Environmental Satellite System to
officials of the Department of Commerce pursuant to section
2311 of title 10, United States Code. Provided further, That
any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $64,825,000, to remain available
until September 30, 2009: Provided, That of the funds
provided herein the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, California, and
Alaska, and the Columbia River and Pacific Coastal Tribes for
projects necessary for restoration of salmon and steelhead
populations that are listed as threatened or endangered, or
identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal
treaty fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of
Commerce: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or
documented in-kind contributions of at least 33 percent of
the Federal funds: Provided further, That non-Federal funds
provided pursuant to the second proviso be used in direct
support of this program.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations,
Research, and Facilities'' account to offset the costs of
implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2008, obligations of direct loans
may not exceed $8,000,000 for Individual Fishing Quota loans
as authorized by the Merchant Marine Act, 1936.
Other
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $58,693,000.
Amendment Offered by Ms. Zoe Lofgren
of California
Ms. ZOE LOFGREN of California. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. Zoe Lofgren of California:
Page 16, line 20, after the dollar amount insert ``(reduced
by $25,000,000)''.
Page 21, line 7, after the dollar amount insert ``(reduced
by $25,000,000)''.
Page 30, line 10, after the dollar amount insert ``(reduced
by $5,000,000)''.
Page 42, line 8, after the dollar amount insert
``(increased by $55,000,000)''.
Page 43, line 3, after the dollar amount insert
``(increased by $55,000,000)''.
Ms. ZOE LOFGREN of California (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 gentlewoman
from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Chairman, I offer this amendment
on behalf of myself, Ms. Linda T. Sanchez of California, Mr. Dreier of
California, Mr. Hunter, and Mr. Carter of Texas.
This amendment would increase the State Criminal Alien Assistance
Program funding by $55 million, a 14-percent increase over the funding
level currently included in the bill.
The offset for this increase would be a transfer from three different
accounts, $25 million from the departmental management of the
Department of Commerce, $25 million from the Department of
Administration from the Department of Justice and $5 million from the
FBI's Construction and Acquisition Fund.
The State Criminal Alien Assistance Program, or SCAAP, provides
critical
[[Page H8444]]
reimbursement to States and localities for the incarceration of
undocumented criminal aliens. This program was created in 1994 to ease
the fiscal burden on States and local governments.
SCAAP had its highest funding relative to authorization in fiscal
year 1998, 1999 and 2000 under the Clinton administration when $585
million was appropriated. By increasing SCAAP by $55 million, this
amendment would bring funding to States and local governments closer to
the authorized amount. I would note that this would still be under 50
percent of the authorized amount for SCAAP of 48 percent, in fact. It
would bring needed assistance to States such as California, Arizona,
Texas, Florida and New York, all of whom have come to rely on SCAAP
reimbursement to help absorb the high financial cost of incarceration
of aliens.
Over the last 6 months, I have met with many Members of this House,
both Republican and Democrat, to listen to their concerns about
immigration as we examined the comprehensive immigration reform
proposals and various elements of it. One of the issues that was raised
on both sides of the aisle is the cost of incarcerating undocumented
criminal aliens that is being passed on to States, counties and other
localities.
I would note that this amendment, a modest increase of 14 percent, is
endorsed by the National Association of Counties, and, likewise, we
have a letter from 17 Governors who support increased SCAAP funding
going to their States. These States' Governors include Arizona,
Oklahoma, South Dakota, Oregon, California, Washington, Utah, Georgia,
Florida, Kansas, Illinois, Virginia, New Mexico, New York, Minnesota,
Texas and Nevada.
This is a good investment for local governments, for our States. It's
part of shouldering our responsibility, because immigration is a
Federal responsibility.
I think it's an item where, on a bipartisan basis, Mr. Dreier and I
chair our respective State delegations, he the Republican delegation, I
the Democratic delegation, that we can deliver jointly.
I respect a great deal, as Mr. Mollohan knows, the chairman of this
subcommittee. We have worked together on many items. This amendment
should not be seen as critical of his wonderful efforts, but I think we
can do just a little bit better, and I think our constituents and
counties and our constituents and States will appreciate that we are
doing something to ease the burden of incarcerating illegal immigrants.
I would note that all of the studies show that immigration is good
for America. Legal immigration is good for America. It boosts
productivity. We know that in our high-tech sector, more than half of
the startups in Silicon Valley have an immigrant cofounder. There is
much to revel in immigration in America.
But having said that, there are costs. This is one of them, something
we can do something about, do something about. This bipartisan
amendment really deserves the support of us all.
Mr. Chairman, I yield the remainder of my time to the cosponsor, Ms.
Linda T. Sanchez of California, noting that the Judiciary Committee on
which we both serve is the authorizing committee. She has been a true
partner in this effort.
Ms. LINDA T. SANCHEZ of California. Mr. Chairman, I want to thank our
chairwoman of the subcommittee, Ms. Zoe Lofgren of California, for her
efforts on behalf of this issue and many others as well.
I rise today to urge my colleagues to support this bipartisan
amendment to increase funding for the State Criminal Alien Assistance
Program, the SCAAP program.
The CHAIRMAN. The time of the gentlewoman from California (Ms. Zoe
Lofgren) has expired.
(On request of Mr. Dreier, and by unanimous consent, Ms. Zoe Lofgren
of California was allowed to proceed for 2 additional minutes.)
Ms. ZOE LOFGREN of California. Mr. Chairman, I would yield the 2
minutes to the gentlewoman from California.
Ms. LINDA T. SANCHEZ of California. When the Federal Government
passed SCAAP in 1994, it recognized its responsibility to reimburse
States and localities for the arrest, incarceration and transportation
costs associated with criminal aliens.
Unfortunately, this program has been consistently underfunded. In
fact, the President's budget proposal for next year provided no funds
for SCAAP whatsoever. Fortunately, the Appropriations Committee and
Chairman Mollohan wisely allocated $405 million, $164 million more than
the current level. However, this is not even enough.
States and localities are still only getting a small fraction of what
they are spending. This inadequate funding has had a devastating effect
on public safety, especially in California and other border States. At
a time when many States and counties face budget shortfalls, every
dollar reduced in SCAAP reimbursement means one dollar less to spend on
essential public safety services.
Following SCAAP funding cuts in 2003, the L.A. County Sheriff's
Department was forced to implement a new early release policy for
inmates convicted of misdemeanors. From a public safety standpoint, it
is far better for criminals to serve their full sentences.
Without adequate resources, other programs will have to be scaled
back or cut all together. Programs that are in jeopardy could include
basic police protection, anti-gang activities, homicide investigations,
anti-terrorism activities and rehabilitation programs to reduce
recidivism. We introduced this amendment to ensure that police chiefs
and sheriffs do not have to choose between keeping children out of
gangs and incarcerating criminal aliens.
I urge my colleagues to support this amendment.
Mr. DREIER. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from California is recognized for 5
minutes.
Mr. DREIER. Mr. Chairman, I rise in strong support of this amendment.
I would like to first express my appreciation first to Chairman
Mollohan and to the gentleman from New Jersey (Mr. Frelinghuysen) and
to the members of the Appropriations Committee for increasing the level
of funding within the committee.
My colleague Mr. Carter, who is a coauthor of this amendment and was
involved in this, in the work of the Appropriations Committee, I have
to finally say we brought the level of the committee funding to exactly
$405 million, which is where we actually had it last year.
I would say I was very pleased in working with then-chairman Jerry
Lewis and other members of the Appropriations Committee in the 109th
Congress to add an additional $50 million to the State Criminal Alien
Assistance Program. We got to that $405 million level. This year we are
at the same level thanks to the work of Messrs. Mollohan,
Frelinghuysen, Carter, and others who have been involved in this.
This was an issue that actually came to the forefront in 1994 when a
number of us felt very strongly about the fact that cities, counties
and States are not responsible for protecting international borders. It
is the responsibility of the Federal Government to secure our Nation's
borders.
It saddens me greatly that here we are, 13 years later, still
struggling with the issue of securing our borders. Ms. Zoe Lofgren, the
distinguished Chair of the Judiciary Subcommittee on Immigration, has
spent a great deal of time reaching out to me and others working on our
effort to try to deal with this issue of border security and bringing
an end to illegal immigration.
I will say that we haven't gotten there yet, as we found from the
actions or lack of actions so far in the other body, and, frankly, in
this House as well, on the issue. What we do know is it is still the
responsibility of the Federal Government to secure our Nation's
borders. That is why we should not, as a Federal Government, be
imposing on cities, townships, counties or States the responsibility
for incarcerating those who have come into this country illegally and
have committed crimes against our fellow Americans.
{time} 1530
I happen to live in Los Angeles County, and our county alone, the
cost for incarcerating people who are in this country illegally and
have committed crimes is in excess of $150 million a year.
[[Page H8445]]
The level of funding in this program is $405 million right now. If we
are successful, which I suspect we will be, with passage of this
amendment, we will add $55 million taken from accounts which I know
concern the distinguished ranking member and I suspect the chairman as
well, deal with the $5 million from the construction fund for the
Federal Bureau of Investigation, and the administrative funds in both
the Department of Commerce and the Department of Justice.
Mr. Chairman, we feel very strongly that as we look at the challenge
of securing our borders, of ending illegal immigration, and of
creating, creating a degree of equity when we look at the costs
inflicted on local and State taxpayers, we need to pass this amendment.
We know that as we look at the challenges ahead, the costs are going
to continue to be very, very high, as I said, with my county alone at
$150 million. And the total program will end up, assuming passage of
this amendment, to be $460 million for the entire country. We still
have a ways to go.
I was very pleased, Mr. Chairman, in the 109th Congress, as I said,
to have offered this amendment. I was hoping in the 109th Congress to
have built the kind of bipartisan support that we enjoy for this
amendment. I was saddened that we weren't able to do that, but we were
nevertheless able to succeed in passing that and at the end of the day
actually have that funding level increased. But as the problem
continues, it is essential that we step up to the plate and take on our
responsibility for dealing with this issue.
So once again, Mr. Chairman, I express my appreciation to all
involved. The lead author of this amendment, Ms. Zoe Lofgren, has
worked, as I said, on the immigration issue for a long period of time,
and I believe that she is going a long way towards addressing this
question.
The CHAIRMAN. The time of the gentleman from California has expired.
(By unanimous consent, Mr. Dreier was allowed to proceed for 3
additional minutes.)
Mr. DREIER. Mr. Chairman, I am happy to yield time to my friend from
Texas, a member of the Appropriations Committee who has worked very,
very hard on this, Judge Carter.
Mr. CARTER. I thank my friend for yielding, and I thank both the
chairman and ranking member of my committee.
I bring to this discussion and this bipartisan support, I hope, the
perspective of having been in the trenches and having dealt with this
issue.
I can't count on all the digits that I have the number of times that
I have sat in a meeting of the Williamson County law enforcement group
about the overcrowdedness of our jail in Williamson County, Texas, now
a county of about 350,000 people.
We always look to see how many Federal prisoners we had in our jail,
and always we would see 22 to 30 percent of these people would be what
we considered Federal prisoners, illegal aliens, that had committed
crimes. Now, yes, this is an immigration issue. Yes, it is a border
protection issue. And these are issues that we all agree we must
address. We will, I am confident, address them. But it is also a law
enforcement issue. It is an issue that our people who enforce our laws
at the local level and do the right thing, take them to court, try
them, convict them, hold them while they are ready for trial, have
space taken up by a responsibility of our Federal Government. And what
we are doing here today is providing resources for those local people
so that they can do their job and enforce the laws of the United States
and of our various States.
This is a good use of our money to assist our locals, counties,
States, and other authorities that have this duty of enforcing our laws
in America, to help them do their job so we are not burdening the
taxpayer at the local level and shifting funds from good things that
keep our communities safe in order to keep these people in jail. And,
believe me, they will do what it takes to keep them in jail.
So, therefore, let's do our job. Let's pass this additional funds for
helping those who would incarcerate criminals on our behalf, and by
that, I think we will be doing a good thing for our country.
Mr. DREIER. Mr. Chairman, let me express my appreciation to the
gentleman from Texas and, again, congratulate him on the hard work that
he has put in this effort. His judicial experience is such that he
understands this problem as well as any Member of this body. And I will
join again of my California colleagues, Ms. Sanchez and Ms. Zoe
Lofgren, that I do believe that recognition now that we can do this in
a bipartisan way is a very, very, very important achievement for this
institution.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment.
And I want to begin by saying I am very impressed by the bipartisan
presentation by the representatives from California, all of whom I
respect very highly and many of whom I work very closely with.
Let me start off by saying their support for increasing SCAAP is not
misplaced on its merits. Indeed, I am struck by the fact that their
efforts on a bipartisan basis are evidence, pretty strong evidence, of
inadequate funding, certainly in the request of the President. We have
increased SCAAP by multi-billions of dollars, as we have already said,
above the President's request. But the one argument against the bill
that comes from the minority side is that we have too much money in
this bill to fund the priorities in this bill.
I think this amendment is evidence in an argument against that
position. There is not too much money in this bill to fund the
priorities in this bill, and SCAAP is certainly a priority.
Let me help those who are moving this amendment with their argument.
Certified requests for reimbursement to this SCAAP account from the
jails, the sheriffs, and the State prison systems would demonstrate or
would evidence the fact that there is twice the certified merit for
reimbursement of this program than this program has funded.
In other words, we are only having 50 percent of the money that is in
the bill. And even if we raise it, it is virtually not increased much
more. We are only funding 50 percent of the certified demand for this
program in this bill. Well, that is not unusual. There are a number of
programs in this bill that certifiably we are only meeting 50 percent
of the need.
When I was before the Rules Committee, the distinguished gentleman,
Mr. Dreier from California, talked about our increase in funding for
Legal Services. Well, we have increased Legal Services by $28 million
in this bill to $377 million. And there is a study that was recently
completed, a credible study that we are only serving 50 percent, just
coincidentally, of the demand of people across the country who need
legal services, but because of their financial condition cannot access
the courts of this land. Now, that is meritorious.
It is meritorious, I believe, that we have a program, Legal Services
Corporation, that meets that need and allows people to access the legal
system. If equal protection under the law means anything, it means
equal access to the law. So we have a legal services program to do
that, but it is only 50 percent adequate in its funding. Well, SCAAP is
only 50 percent. So we all have to sacrifice here, and this is a
reimbursement program to States and local governments that are
incarcerating illegal aliens. It is meritorious. So is Legal Services.
I am just saying that the funding is inadequate, Mr. Chairman, and that
we need additional resources in this bill.
So now we are down to prioritizing, and we think that we have done a
good job in crafting the priorities of this bill. We are funding Legal
Services at 50 percent. Legal Services' high watermark in 1995 was $400
million. We are not there, but SCAAP is there. We are not there. We are
not back there. We are at $377 million in this bill.
SCAAP is not disadvantaged in this bill. Relatively speaking, look
back over the years. In 2005, SCAAP was funded at $305 million. From
2005 to 2006, it jumped to $405 million. Why? Because of the good
efforts of the distinguished chairman of the Appropriations Committee
at the time, Chairman Lewis, and the chairman of the
[[Page H8446]]
Rules Committee at the time, Mr. Dreier, to effect an increase of $100
million.
So if you go off the base of 2005 of $305 million, Legal Services was
increased to $405 million; we funded it at $375 million. At full
committee, it was increased back up to $405 million. It is where it
was. It is where it was last year. Relatively speaking, off of that
2005 base, SCAAP is enjoying a privileged position in this bill of
strongly competing programs which rate merit.
So now where is the offset? So I am just saying, admitting,
acknowledging, stipulating to SCAAP being underfunded, along with a lot
of programs, State and local programs, as well as agency programs in
this bill.
The CHAIRMAN. The gentleman's time has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word and
to yield 2 minutes to my chairman.
The CHAIRMAN. The gentleman from New Jersey is recognized for 5
minutes and yields 2 minutes.
Mr. MOLLOHAN. I thank my distinguished ranking member, Mr.
Frelinghuysen.
Since we are talking about increasing inadequate funding in the bill,
Mr. Chairman, let me explain that in our law enforcement agencies, we
had a gap in the funding of the bill versus the need. The Department of
Justice faced the challenge to fill authorized positions in all of its
components, and partly as a result of chronic gaps between the funding
requested by the President and the appropriation for these
administration accounts and the true cost of paying for raises. We had
going into this bill, underfunding in the Department of Justice, which
we have tried very hard to address.
The offsets for funding SCAAP in this amendment impact those
administration accounts in Justice and in Commerce. These are real
people doing real jobs, and we have very carefully funded them. These
accounts are underfunded by the President, just like SCAAP and just
like Legal Services are underfunded. We have tried to balance
priorities as we move forward, and there are lots of people concerned
about these offsets.
This amendment proposes to offset $25 million in the S&E accounts for
the Department of Commerce. Commerce runs good programs. The amendment
proposes to offset $25 million in the Department of Justice for general
administration. The Department of Justice has a lot of programs to
administer, and many are State and local programs which distribute
those funds to our local law enforcement. We can't cut either program
by $25 million. This would hurt real people with real jobs. We are not
funding overemployment in these agencies and we are not funding salary
increases at adequate levels, either.
A lot of folks are concerned about this, and that is why we tried to
balance the bill fairly. The folks that are going to be RIFed and laid
off are government employees and are concerned about it. Their union
representatives, the American Federation of Government Employees, AFL-
CIO, are concerned about amendments such as this one and they have
written us a letter:
``Dear Chairman Mollohan, On behalf of the American Federation of
Government Employees, AFL-CIO, I strongly urge you to oppose any
amendments that would substantially reduce fiscal year 2008 funding for
the salaries and expenses account in the Department of Justice
agencies.'' And they are concerned about the others besides Commerce
and Justice as well. These offsets have cavalierly, I would say,
respectfully, targeted these administrative accounts.
I thank my ranking member for yielding me time. I respectfully engage
this debate with my colleagues who I respect, and it brings me to
respectfully opposing this SCAAP amendment. If our bill were to receive
any more money, and I note that the Senate has $800 million more, maybe
we can address these concerns in conference.
Mr. FRELINGHUYSEN. Mr. Chairman, I reluctantly oppose the amendment
as well. And obviously we have a strong appreciation and affection for
the power and the reasonableness of the delegations from California and
Texas. The nexus between Texas and California is a pretty strong nexus
here.
And I am supportive of SCAAP. I think Mr. Dreier kindly has
acknowledged that the committee did put money in there through a Honda
amendment, and obviously we would like to plus it up. The costs have
somewhat escalated from what we originally anticipated from the floor
debate here.
But I would agree with the chairman. The cuts that are proposed from
these accounts actually affect real people.
{time} 1545
And in the Commerce Department management account, and I know Mr.
Dreier is an advocate of trade, it's a 40 percent cut in the management
account for the Department of Commerce, which leaves them with 60
percent for operating costs. And for the Justice Department general
account, which is $104 million, $104.8 million, this account is reduced
by $25 million. They're down to $79 million. That means people out the
door who are doing prosecutions that are important to all of us,
perhaps even related to the issues that we're focused on today, which
is criminal aliens.
So I reluctantly oppose the amendment, but certainly am sympathetic
and have been because I've been well educated by not only the Member of
Congress from California.
The CHAIRMAN. The time of the gentleman from New Jersey has expired.
(On request of Mr. Dreier, and by unanimous consent, Mr.
Frelinghuysen was allowed to proceed for 3 additional minutes.)
Mr. FRELINGHUYSEN. Mr. Chairman, the gentleman from California is
kind to yield to me. I reluctantly oppose the amendment.
Mr. DREIER. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from California.
Mr. DREIER. I thank my friend for yielding. And, Mr. Chairman, I will
again state my great appreciation to the distinguished chairman from
West Virginia and the gentleman from New Jersey. And the gentleman from
New Jersey has just bragged on the States of Texas and California, and
I will reciprocate by bragging on both New Jersey and West Virginia and
saying that they're both great and very important States.
And I suspect that in West Virginia and New Jersey, the challenge of
trying to deal with the cost of the incarceration of people who are in
this country illegally and have committed crimes is a very serious and
important one, and I recognize the sensitivity.
I personally am not a huge proponent, as I said earlier in response
to the distinguished chairman of the subcommittee's comments on the
Legal Services Corporation when he was testifying before our Rules
Committee. And as I look at the numbers for both of these accounts, and
I know that my friend from New Jersey, when the chairman and the
ranking member were testifying before the Rules Committee, argued for a
slightly, he said that he believed that the level overall could be
slightly lower. And I looked at the level of funding, and the gentleman
is absolutely right. I am a huge proponent of trade, breaking down
barriers, and I want to do everything that I possibly can to expand
export opportunities for the United States around the world.
But as I look at the level of funding, Mr. Chairman, for both the
Department of Commerce and the Department of Justice, the Department of
Commerce actually has a 7 percent increase over the President's
request, 6 percent of the level of funding last year. That's $468
million more than has been requested by the President, and that's in
the case of the Commerce Department. In the case of the Department of
Justice, it's $1.7 billion more than the President has requested.
Now, in both of these areas we know that the President is absolutely
committed to dealing with the crime problem, which is a very serious
one, and obviously with the issue of expanding trade opportunities. And
the overall level of funding in both of these areas is significantly
higher than what was expended last year and what the President's
request level is.
And I think that as we look at establishing priorities, it, from my
perspective, is relatively, relatively, and I'll say that a third time,
relatively easy. And I know how tough it is for the two gentlemen who
manage this area to find that State Criminal Alien Assistance Program
funding is, in fact, a
[[Page H8447]]
very high priority for both Democrats and Republicans, as I said, for
people in both West Virginia and New Jersey, as well as California and
Texas and, frankly, all across the country. And so I would hope that as
we move ahead with this process, that we'll see support in this House
for this amendment.
And I know that as the two gentlemen head to working with our
colleagues in the other body and ultimately with the administration, I
hope that we will be able to keep this issue on the forefront as a very
important priority.
Mr. FRELINGHUYSEN. I yield back, Mr. Chairman.
Announcement by the Chairman
The CHAIRMAN. Members are advised that under the 5-minute rule,
Members who move to strike the last word may yield to other Members,
but not for specific lengths of time. When the Chair purported to
recognize Mr. Mollohan for 2 minutes, in actuality that signified only
that Mr. Frelinghuysen would reclaim his time after that interval.
The question is on the amendment offered by the gentlewoman from
California (Ms. Zoe Lofgren).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. MOLLOHAN. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from California will be
postponed.
Amendment No. 26 Offered by Mr. Price of Georgia
Mr. PRICE of Georgia. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 26 offered by Mr. Price of Georgia:
Page 16, line 20, after the dollar amount insert ``(reduced
by $2,000,000)''.
Page 65, line 21, after the dollar amount insert
``(increased by $2,000,000)''.
Mr. PRICE of Georgia. Mr. Chairman, this is an amendment in a little
different vein. It's an amendment to increase funding in the Math and
Science Partnership Program under the National Science Foundation by $2
million, and reduce by $2 million the Department management salaries
and expenses under the Department of Commerce.
I'll offer an amendment here to increase American competitiveness and
to improve opportunities for America's children. My amendment proposes
to offer additional funding to the Math-Science Partnership Program
under the National Science Foundation. We must fund important
priorities to ensure that our Nation continues to see positive growth
in our youth in the area of math and science.
In my home State of Georgia, I recently had the opportunity to join
over 25,000 students and teachers and researchers from 31 different
countries at the Georgia Dome for the FIRST competition. The FIRST, as
many of my colleagues know, stands for For Inspiration and Recognition
of Science and Technology. It's a robotics competition. If any of my
colleagues haven't been to a robotics competition, I encourage them to
go see one. It is a remarkable experience.
I was extremely impressed with the level of enthusiasm and the
remarkable educational benefit with this type of an initiative that's
provided to thousands of American students. We should continue to
promote this and other similar programs throughout the Nation.
I'm sure that my colleagues recognize the significance of promoting a
strong interest in math and science and technology education. These
fields of learning and research are vital to our country's continued
success. In fact, investment in basic research and programs like this
is an essential element in assuring future prosperity, security and
leadership in our rapidly evolving world.
The National Science Foundation has a mission to achieve excellence
in science and technology, engineering and mathematics educational at
all levels and all settings, from kindergarten through postdoctoral
training. One of the most important successful initiatives under the
NSF is the Math and Science Partnership Program, established in 2002,
to strengthen and reform mathematics and science education for children
around the Nation.
It's important to offer children guidance and examples set by mentors
and role models, and provide students the opportunity to learn about
the importance of higher education, and they're exposed to career
options, especially from those folks who love and are enthusiastic
about science and engineering and mathematics.
Under this commendable program, each State administers its own
competitive grant program for institutions of higher education, K-12
schools and local partners.
In addition, the MSP program focuses on raising educational standards
to prepare children for postsecondary education in math, science or
engineering.
This program is worthy of additional funding because of its positive
results for improving math and science skills which are vital for a
developing workforce that's capable of increasing America's
competitiveness internationally.
All jobs of the future will require a basic understanding of math and
science. In fact, the 10-year employment projections showed that of the
20 fastest-growing occupations, 15 of them require significant math and
science preparation.
This small adjustment is a symbol of our greater commitment to STEM
education programs. Support for these programs is vital for the
continued success of our children, our citizens and our Nation, and I
encourage my colleagues to support the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. MOLLOHAN. I move to strike the last word, Mr. Chairman.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, I find myself agreeing with everything
the gentleman has argued, and at the same time being, unfortunately,
opposed to his amendment.
It's hard for any of us to argue or to have a desire in our hearts to
do anything but increase the National Science Foundation. We all
understand what good work it does.
NSF provides competitive, peer-reviewed granting that translates into
cutting-edge research that is the foundation for the future economic
viability of the Nation. Our economy is increasingly becoming an
international one, and we have to be on the cutting edge.
That's why we have funded NSF at a rate that guarantees its doubling
in a 10-year time span. We embrace and salute the doubling and have
been responsive to that need that is expressed by members and the
community.
Nothing is more important than funding education, and increasing NSF
and its ability to develop and implement programs to facilitate
education and to incentivize our best and brightest young people to go
into math and science, and to choose those careers. That's what NSF
does very well. The gentleman wants to facilitate that by augmenting
our funding in the education accounts for math and science
partnerships. I commend him for the initiative.
I oppose the amendment because we have funded the Math and Science
Partnership Program. We increase it significantly in our bill, and I'm
sure the gentleman knows that. We increased it $20 million over the
President's request of $46 million for a total of $66 million. That's a
43 percent increase. And I will say that not only is it a generous
increase, but perhaps it's an increase they need time to absorb.
The fact is that we have significantly increased Math and Science
Partnerships $20 million over the President's request, funding it at
$66 million.
Where does the offset money come from? It comes from Commerce. For
every one million dollars that you offset in these administration
accounts, at least seven people would be laid off. We're not funding
these administrative and S&E accounts with the idea that we can use
this funding for amendments on the floor. We're funding these accounts
at the requested level or at the levels that we've discerned are
adequate pursuant to information that we've received in our hearings.
We're on the level with funding in these administration accounts.
Again, I think
[[Page H8448]]
these offsets are cavalier. No matter how meritorious the object of the
funding increase, it's cavalier to cut S&E accounts.
The employees are saying, help. Time out. Stop. Their organizations,
like the American Federation of Government Employees, AFL-CIO, are
writing to us. They're saying, please stop invading these
administrative accounts.
With that comment, Mr. Chairman, I yield to my distinguished ranking
member.
Mr. FRELINGHUYSEN. Mr. Chairman, let me join with you in
congratulating Mr. Price for pushing something which the committee has
pushed, which is promoting math and science, especially encouraging
young women to get into those pursuits and academics.
Mr. Price has indicated to me that he would be willing to withdraw
his amendment if he had a commitment from us that we would work hard as
we progress in putting our bill together matching it with the Senate to
see what we could do to increase these accounts.
I should point out that we are doing more, as you have noted, for the
National Science Foundation.
The CHAIRMAN. The gentleman's time has expired.
(By unanimous consent, Mr. Mollohan was allowed to proceed for 1
additional minute.)
Mr. MOLLOHAN. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Thank you, Mr. Chairman.
But our committee reverberates in every sense. It is an echo chamber
that not only NSF, but NOAA, NASA, and all of these agencies ought to
be promoting math and science education. So I will be happy to work
with you.
Mr. PRICE of Georgia. I thank my friend from New Jersey, and I
appreciate the chairman's comments, and I appreciate what the committee
has done in terms of bumping up this money. I'm so impressed with the
opportunities that children can have with appropriate programs like the
FIRST program and like the math and science program.
I look forward to working with you as we move forward through this
process to make certain that we're bringing all the resources to bear
to be able to give our kids the greatest opportunity in the area of
math and science.
Mr. MOLLOHAN. With that representation, I'll be extremely pleased to
work with the gentleman in that regard.
Mr. PRICE of Georgia. Mr. Chairman, I ask unanimous consent to
withdraw the amendment.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
{time} 1600
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
hchb renovation and modernization
For expenses necessary for the renovation and modernization
of the Herbert C. Hoover Building, $3,364,000, to remain
available until expended.
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.), $23,426,000.
national intellectual property law enforcement coordination council
For necessary expenses of the National Intellectual
Property Law Enforcement Coordination Council to coordinate
domestic and international intellectual property protection
and law enforcement relating to intellectual property among
Federal and foreign entities, $1,000,000, to remain available
until September 30, 2009.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902.
Sec. 103. Not to exceed five percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than ten percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committee on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. Section 3315b of title 19, U.S.C., is amended by
inserting ``, including food when sequestered,'' following
``for the establishment and operations of the United States
Section and for the payment of the United States share of the
expenses''.
Sec. 106. Section 214 of division B, Public Law 108-447
(118 Stat. 2884-86) is amended by:
(1) inserting ``and subject to subsection (f)'' after
``program'' in subsection (a); and
(2) deleting subsection (f) and inserting the following:
``(f) Funding.--There are authorized to be appropriated to
carry out the provisions of this section, up to $4,000,000
annually.''.
Sec. 107. (a) Section 318 of the National Marine
Sanctuaries Act (16 U.S.C. 1445c) is amended by:
(1) inserting ``and subject to subsection (e)'' following
the word ``program'' in subsection (a); and
(2) deleting subsection (e) and inserting:
``(e) Funding.--There are authorized to be appropriated to
the Secretary of Commerce up to $500,000 annually, to carry
out the provisions of this section.''.
(b) Section 210 of the Department of Commerce and Related
Agencies Appropriations Act, 2001 (Public Law 106-553) is
repealed.
Sec. 108. Notwithstanding the requirements of subsection
(d) of section 4703 of title 5, United States Code, the
personnel management demonstration project established by the
Department of Commerce pursuant to such section 4703 may be
expanded to involve more than 5,000 individuals, and is
extended indefinitely.
Sec. 109. (a) The Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3701 et seq.) is amended by striking
section 5 and paragraphs (1) and (3) of section 4, and
redesignating paragraphs (2) and (4) through (13) of section
4 as paragraphs (1) through (11), respectively.
(b) Section 212(b) of the National Technical Information
Act of 1988 (15 U.S.C. 3704b) is amended by striking ``Under
Secretary of Commerce for Technology'' and inserting
``Director of the National Institute of Standards and
Technology''.
TITLE II--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $104,777,000, of which not to exceed
$3,317,000 is for security for and construction of Department
of Justice facilities, to remain available until expended:
Provided, That not to exceed 45 permanent positions, 46 full-
time equivalent workyears, and $12,684,000 shall be expended
for the Department Leadership Program: Provided further, That
not to exceed 24 permanent positions, 24 full-time equivalent
workyears, and $3,734,000 shall be expended for the Office of
Legislative Affairs: Provided further, That not to exceed 22
permanent positions, 22 full-time equivalent workyears, and
$2,968,000 shall be expended for the Office of Public
Affairs: Provided further, That the latter two aforementioned
offices may utilize non-reimbursable details of career
employees within the caps described in the preceding two
provisos.
Mr. MURPHY of Connecticut. Mr. Chairman, I move to strike the last
word.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. MURPHY of Connecticut. Mr. Chairman, it had been previously the
intention of Mr. Platts and myself to offer an amendment to title II of
the bill. In discussions with the chairman, we will not be offering
that amendment today, but I rise to speak briefly on an issue that I
know is of great importance to Chairman Mollohan, and that is the issue
of juvenile justice.
Mr. Chairman, I would like to thank Chairman Mollohan for his
incredibly hard work on this bill. I am particularly glad that the bill
contains a significant increase for the Department of
[[Page H8449]]
Justice's Office of Juvenile Justice and Delinquency Prevention. At
$400 million, the OJJDP saw a $62 million increase from last year's
level. It received $120 million more than the President requested in
his budget. It would be hard to overstate how meaningful these
increases are going to be to the juvenile justice community.
The amendment that Mr. Platts and I were going to offer today would
have increased the Juvenile Justice Title II State Formula Grants by $5
million. States rely on these grants to achieve and maintain compliance
with the core requirements and protections of the Juvenile Justice
Delinquency Prevention Act. These requirements protect children who
become involved with the courts and ensure that the treatment and
services they receive are appropriate for their age, their stage of
development, and are suited to their specific offense.
Mr. Chairman, when I was in the State legislature, I had the great
honor of working on issues related to juvenile justice, and we made
great strides in Connecticut in terms of bringing more appropriate care
to children in our juvenile justice system and really moving from
simply punishment and towards prevention and rehabilitation. These kids
don't have lobbyists. Many of them don't even have a home. And as a
result, they are often forgotten and voiceless in the halls of State
legislatures and here in Congress. Mr. Mollohan and his office have
sought to bring a voice back to these children, and I hope that we can
build on that.
Since 2002, States have seen an 11 percent decrease in State formula
grants authorized under the JJDPA, meaning that States have had fewer
resources with which to keep kids safe and handle their cases
appropriately. States use these formula grants to divert status
offenders away from jails and towards appropriate community-based
programs to assist them and their families. Status offenders are
children under the age of 8 who have committed acts that would
otherwise not be considered crimes if they were adults, like skipping
school, running away from home, and the possession or use of tobacco.
Status offenders may not be held in secure detention or confinement,
with a few exceptions.
States also use these funds to monitor adult lockups and ensure that
youth are housed in age-appropriate settings. They enact mandates that
youth may not be detained in adult jails and lockups. When children are
placed in adult jails or lockups for any period of time, sight and
sound contact with adults is prohibited.
States across the Nation are using these funds for very innovative
programs to provide children with much more appropriate care. There is
very little political utility in State legislatures and here in
Congress to stand up for children who have gotten into our criminal
justice system, but these funds are used to give these children another
shot at success in life.
I am glad to be joined by Mr. Platts from Pennsylvania, who was going
to cosponsor this amendment, and I would be glad to yield to him at
this time.
Mr. PLATTS. Mr. Chairman, I will quickly just say that I am honored
to have joined with the gentleman from Connecticut in offering this
amendment. I want to commend him for his leadership both in the State
legislature and now here in Washington on issues important to our
Nation's youth.
I also want to reference I am the ranking member of the Healthy
Families and Communities Subcommittee of the Committee on Education.
And our chairwoman, Chairwoman McCarthy, has been a great leader this
year on issues dealing with juvenile justice and the needs of our
youth. And I just appreciate the efforts here in trying to strengthen
our juvenile justice system and our treatment programs so that our
youth get the services, the treatments they need as well, as the
appropriate imposition of justice based on their age and stage of
development. And that is what this amendment sought to do.
I very much appreciate the chairman of the subcommittee and the
ranking member for their efforts in addressing the funding needs of
this area and their efforts to work with the gentleman from Connecticut
and me and others as we go forward to strengthen the funding for these
very important programs so we can do right by the youth of our Nation
and help those who are troubled and get into difficulties with the law
to be treated and be rehabilitated and, as the title of the underlying
act, the Juvenile Justice Delinquency Prevention Act, to prevent
delinquency in the years to come.
So, again, I appreciate the gentleman from Connecticut's leadership
on this issue.
Mr. MURPHY of Connecticut. Mr. Chairman, I thank Mr. Platts again.
And I would like to thank Mr. Mollohan for his commitment to this
issue. This is a very important increase in the underlying bill in
juvenile justice funds. I know he is committed to continuing that
upward trend. That is going to mean a great deal to the children who
have ban caught in our juvenile justice system and still have a great
opportunity to be productive members of society once their time is
served.
The CHAIRMAN. The time of the gentleman from Connecticut has expired.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Our bill demonstrates an upward trend in juvenile
justice programs, indeed, Mr. Chairman. That has been a real focus and
priority of this subcommittee as we have marked up the bill.
We have increased funding in juvenile justice programs $120 million
over the President's request, and that is $62 million over 2007
funding. Why? Because of efforts from Members like Mr. Murphy, who has
been all over this issue, and I value very much his expertise as he has
communicated with the subcommittee. He has expressed his concerns about
juvenile justice, about the problems that these programs address; and
he is really to be commended. He has also made it clear that Mr. Platts
has been very active in this effort as his colleague, and I commend Mr.
Platts as well.
We look forward to working with them as we move this bill forward,
but also in future years to ensure that the juvenile justice programs
not only are funded appropriately but also that they are focused as
they should be so that we make sure this funding is spent to maximize
not only its efficiency but its effectiveness.
So, Mr. Platts, Mr. Murphy, we thank you for your assistance with
regard to this issue, and we look forward to working with you.
Amendment Offered by Mrs. Biggert
Mrs. BIGGERT. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Biggert:
Page 21, line 7, insert after the dollar amount ``(reduced
by $6,250,000)''.
Page 25, line 12, insert after the dollar amount
``(increased by $750,000)''.
Page 29, line 19, insert after the dollar amount
``(increased by $5,500,000)''.
Mrs. BIGGERT. Mr. Chairman, I offer an amendment with my colleague
from Florida (Ms. Ginny Brown-Waite) to the fiscal year 2008
appropriations bill to help the Department of Justice crack down on
mortgage fraud.
This amendment will increase funding to allow the Department of
Justice to secure two additional prosecutors, enable the FBI to hire 30
additional agents, and support the FBI's interagency task force
operations to combat mortgage fraud.
Mr. OBEY. Mr. Chairman, will the gentlewoman yield?
Mrs. BIGGERT. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Chairman, I understand what the gentlewoman wants to do
in terms of mortgage problems, and I understand that the source of her
money, the offset, is from general administration for the Department of
Justice.
Mrs. BIGGERT. That is correct.
Mr. OBEY. And given the performance of the Attorney General in the
other body yesterday, I see no great harm in taking $6 million away
from him; so I would be happy to accept your amendment.
Mrs. BIGGERT. I thank the gentleman.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I rise today in
strong support of the Biggert-Brown-Waite amendment to H.R. 3093, the
Commerce, Justice, and Science Appropriations bill.
Our amendment is vital in the FBI's efforts to crack down on the
rampant mortgage fraud in our Nation.
[[Page H8450]]
FBI research showed over 3,000 reported incidents of mortgage fraud
in 2000, but more than 37,000 in 2006.
This shocking, 10-fold increase shows that predators are hitting more
and more homeowners in all walks of life--from first-time homebuyers to
seniors.
My great State of Florida reported the highest incidents of mortgage
fraud in 2006, followed closely by California, Michigan, and Georgia.
The FBI's fraud caseload is growing dramatically, but the funds in
this bill do not go far enough to keep pace.
Our amendment transfers $6.25 million from the Department of
Justice's General Administration account to the Offices of the United
States Attorney and the FBI.
These funds will help provide additional staffing and resources so
the FBI can get an adequate handle on these growing cases and bring
relief to Americans who, in trying to achieve their dream of owning a
home, have instead experienced their greatest nightmare.
I urge my colleagues to support the Biggert-Brown- Waite amendment.
Mrs. BIGGERT. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Illinois (Mrs. Biggert).
The amendment was agreed to.
Amendment Offered by Mr. Weiner
Mr. WEINER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Weiner:
Page 21, line 7, insert ``(reduced by $4,500,000)'' after
the dollar amount.
Page 21, line 26, insert ``(reduced by $4,125,000)'' after
the dollar amount.
Page 22, line 9, insert ``(reduced by $3,375,000)'' after
the dollar amount.
Page 22, line 19, insert ``(reduced by $10,500,000)'' after
the dollar amount.
Page 22, line 25, insert ``(reduced by $52,500,000)'' after
the dollar amount.
Page 46, line 6, insert ``(increased by $75,000,000)''
after the dollar amount.
Page 47, line 24, insert ``(increased by $75,000,000)''
after the dollar amount.
Mr. WEINER. Mr. Chairman, for those viewers of this debate each year
and for my colleagues who think that really very little had changed
when the House of Representatives changed from majority Republican to
majority Democrat, we are seeing in this bill very profound changes in
policy in this country, and none is more profound than the difference
in the approach to the COPS program. This year's bill has $100 million
for hiring in the COPS program.
In the COPS program, as many of you know, more than 100,000 police
officers in small towns, big cities throughout the country were hired
in the period beginning in 1995. Yet shortly after the beginning of the
Bush administration, the COPS program was slashed and slashed and
slashed to essentially die on the vine.
As you see in this chart, in 1995 you had in the neighborhood of
20,000 cops being hired each and every year. In 2005 and 2006, 2007, it
was down to zero.
In this year's bill, to the enduring credit of the chairman and
ranking member and members of the committee, this is now being funded
at $100 million. That is going to allow us an opportunity to hire many,
many more police officers.
Now, we have also, in the first couple of months of the new Congress,
passed a reauthorization of the COPS program for another 50,000 cops on
the beat. Now, it has gone to the other side of this building. It has
gone to the other body and seems to be doing what so much legislation
does, and that is dying a slow, excruciating death. They say the other
body is the ``cooling saucer of democracy.'' They have turned into the
deep freeze when it comes to many of the things that this House is
doing.
But what this amendment seeks to do is to say let's take that success
and let's take it even further. This is one of the programs, the COPS
program, it is democratic with a small ``d.'' If you are in a small
town, conservative neighborhood, you have gotten COPS. If you are in a
big city like mine, you have gotten COPS. What the COPS program argues
is that Federal law enforcement, that Federal anti-terrorism means
helping local authorities hire more police officers. That is why the
Fraternal Order of Police, the International Association of Chiefs of
Police, the National Association of Police Organizations, the U.S.
Conference of Mayors, the National Sheriffs Association all support
dramatically increasing this program.
{time} 1615
Now, Chairman Mollohan has taken a program that has essentially been
killed and gives it more life. And this is what we need to continue on
the trend towards. Now, whether we do it more in this bill with my
amendment, or whether we finally get the other body to reauthorize the
program and we can start doing this in regular order, we need to
realize that as Tom Ridge, the former Secretary of Homeland Security,
once said, ``Homeland security starts in our hometown.'' We can't just
say to cities, go out and protect yourselves. We need a Federal program
that works.
Now, I don't mind pointing out that at the apex of the hiring was
also the highest point in our crime reduction in this country. We have
seen over the course of several FBI index reports that it has started
to creep up more and more and more, and by no small measure because of
the reduction in the COPS program.
We need to continue on this arc. The committee has done an excellent
job in doing that.
I would be glad to yield to the chairman if he has any feedback for
me.
Mr. MOLLOHAN. I appreciate the gentleman from New York's interest in
this. As a matter of fact, he was the mover and shaker in the Congress
in pointing out that we had 2 years of successive increases in violent
crime in the country. He was the first one to point out that in the
1990s, the COPS, the Community Policing Cops on the Beat Program, was
extremely effective in reducing that; and in large part, along with
other Members, advocated and encouraged the committee to reactivate the
COPS hiring program, and we've done that. We've done that with $100
million, which we think will fund approximately 2,700 policemen.
This is a down payment. This is an initiative, and the gentleman is
to be commended for providing the impetus for that initiative. So I
thank him. We look forward to working with him in future years. I know
this is a program that, because of its proven effectiveness in the
past, is going to get increasing attention in the future.
Mr. WEINER. Reclaiming my time, I thank you for your attention. And
when you're in conference with the other body, if you can grab them by
their institutional lapels and get them to move on our COPS throughout
the Nation.
Mr. MOLLOHAN. We're going to be up to it.
Mr. WEINER. I appreciate it.
Mr. Chairman, I request unanimous consent that my amendment be
withdrawn.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $100,500,000, to remain available until expended,
of which not less than $21,000,000 is for the unified
financial management system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law
enforcement and homeland security missions, and for the costs
of operations and maintenance of existing Land Mobile Radio
legacy systems, $81,353,000, to remain available until
September 30, 2009: Provided, That the Attorney General shall
transfer to this account all funds made available to the
Department of Justice for the purchase of portable and mobile
radios: Provided further, That any transfer made under the
preceding proviso shall be subject to section 505 of this
Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$251,499,000, of which, $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examination Fee''
account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,260,872,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That not to exceed $5,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$74,708,000 including not to
[[Page H8451]]
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $12,194,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $750,584,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $6,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $155,097,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $139,000,000 in fiscal year 2008), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2008, so as to result in a
final fiscal year 2008 appropriation from the general fund
estimated at $16,097,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,747,822,000: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $20,000,000 shall remain
available until expended.
united states trustee system fund
For necessary expenses of the United States Trustee System,
as authorized, $189,000,000, to remain available until
expended and to be derived from the United States Trustee
System Fund: Provided, That amounts deposited in the Fund in
fiscal year 2008 in excess of $184,000,000, but not to exceed
$231,899,000, shall be available until expended for the
necessary expenses of the United States Trustee System as
provided in section 589a(a) of title 28, United States Code:
Provided further, That, notwithstanding any other provision
of law, deposits to the Fund shall be available in such
amounts as may be necessary to pay refunds due depositors.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,709,000.
united states marshals service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $883,766,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
of which not to exceed $4,000,000 shall be for information
technology systems and shall remain available until expended;
and of which not less than $12,397,000 shall be available for
the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling,
and shall remain available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $2,451,000, to remain available until
expended.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $168,300,000, to remain
available until expended, of which not to exceed $10,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $9,000,000 is for the
purchase, installation, maintenance and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,794,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,990,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
salaries and expenses, national security division
For expenses necessary to carry out the activities of the
National Security Division, $78,056,000; of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any such transfer shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $509,154,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from these appropriations may be used under
authorities available to the organizations reimbursed from
this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; $6,498,111,000; of which
not to exceed $150,000,000 shall remain available until
expended; and of which $2,308,580,000 shall be for
counterterrorism investigations, foreign counterintelligence,
and other activities related to our national security:
Provided, That not to exceed $205,000 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $170,000 shall be available in
2008 for expenses associated with the celebration of the
100th anniversary of the Federal Bureau of Investigation.
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 29, line 19, insert ``, increased by $1,000,000 and
decreased by $1,000,000,'' after ``$6,498, 111,000''.
Mr. KING of Iowa. Mr. Chairman, this is an amendment that I bring to
the floor here reluctantly. It's an issue of conscience, and I think an
issue of appropriate posture that this Congress should take.
We have been, throughout the course of some in the 108th, and many in
the 109th, and now more issues coming up within the 110th Congress that
have to do with questions about the propriety of some of our Members,
both sides of the aisle, Republicans and Democrats. And we're well
aware of some of those cases. In a number of those cases, it was a good
thing for us to step above that and seek to improve the integrity of
this body.
The public is aware, I believe, that there is an investigation that
is underway. It has been taken up by the Department of Justice and
published in
[[Page H8452]]
the New York Times, in the Wall Street Journal, and a number of other
places, and the circumstances being that a former member of the Ethics
Committee stepped down from the Ethics Committee to avoid the
appearance of impropriety during an investigation. And yet, since that
investigation began, the same Member has opted to step forward and take
on the gavel of the very appropriations committee that deals with the
funding of the investigation that's being conducted.
This was an issue that was a subject matter before the Judiciary
Committee in hearings that brought our Attorney General Alberto
Gonzales forward. And I asked the Attorney General, after the
allegation was made by a majority member on the committee about
impropriety of investigations or political intimidations on the part of
the Department of Justice, I asked the Attorney General if he was
intimidated. I said, ``The question I would ask,'' and this is quoting
from the Congressional Record, ``to you is, Mr. Attorney General, if
the chairman of the Justice Appropriations Committee happened to have
been under that kind of scrutiny, would that affect the kind of
prosecution that takes place out of your Justice Department with regard
to that particular Member of Congress?''
The question has been raised, it's been raised by the national media,
it's been raised before the Judiciary Committee, and it needs to be
raised here on this floor while we deal with this issue of propriety. I
make no allegations about guilt or innocence. I simply say that there
is a huge question of impropriety when the chairman of justice approps
has in one hand the gavel, and in the other hand the pursestrings that
funds the very people that are conducting the investigation.
I bring this amendment forward to strike $1 million out and put $1
million in so that that $1 million can be used directly and exclusively
for the investigation that's going forward and has been going on since
December 2005. That's not swift and sure justice. That doesn't let this
Member off the hook. He deserves an answer far more quickly from
December 2005 until at least July of 2007.
All of those issues before us are raised and should be considered by
this body. And I urge that the Members consider the reason that I
reluctantly brought this amendment forward to take $1 million out and
put $1 million, but to direct that that money be used to accelerate and
complete the investigation that's underway now that casts such a shadow
over this entire process, and particularly this appropriations process
that's taking place before us here on the floor of Congress.
I think it's inappropriate. I think a decision should have been made
by the Member. It has not been. That's why I have to bring this
forward.
I urge the Members to support this amendment, and I intend to be able
to review the Record that we expect to have on this amendment. So I
would urge adoption of this amendment directing $1 million for the FBI
to continue and accelerate their investigation so that they can either
move forward to completion, or clear the individual who sits underneath
this cloud.
With that, Mr. Chairman, I yield back the balance of my time.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from Wisconsin is recognized for 5
minutes.
Mr. OBEY. Mr. Chairman, it's obvious how reluctant the gentleman is
to bring this before the body. He has offered an amendment which does
absolutely nothing in order to give him an opportunity to talk about
something he says he doesn't want to talk about. Only in Washington
would that be believable.
Let me simply say that I think I know something about the Code of
Ethics in this House. I wrote the Code of Ethics in this House in the
1970s, and I think I know something about what this House regards as a
conflict of interest.
Let me simply point out that the gentleman from Iowa has objected to
a Member of the House chairing a subcommittee which oversees the
agencies that he says are involved in an investigation of that Member.
The fact is that that gentleman in question has recused himself from
all matters relating to the FBI, the Attorney General, the Criminal
Division, and U.S. attorneys. That's why I am here on the floor
handling those portions of the bill today.
The gentleman in question has not reviewed any reprogramming letters.
He has not reviewed any Member requests for any of the attendant
agencies involved in that investigation. He has not presided over any
hearings. He has not participated or made any recommendations with
respect to funding either on this bill or in the continuing resolution.
So let me simply say that if the gentleman has a strong view about
what the House rules ought to be, then the proper place to take that up
is not on an appropriation bill. The proper place for him to take that
up is with the Standards Committee and with the leadership of both
Houses. By taking it up here, it is simply an excuse to bring into
question the actions of one Member. And it would be very easy for us to
respond in kind with respect to the activities of a number of Members
on that side of the aisle. We choose to stay above that and allow the
proper committee to deal with the issue.
Mr. Chairman, I do, very regretfully, yield back the balance of my
time.
Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I am disappointed by the
introduction and consideration of this amendment.
I can attest to what the chairman of the full committee said about my
colleague and friend recusing himself from any consideration. He has
been absolutely scrupulous in terms of that regard.
I'm not a lawyer, but there are quite a number of lawyers here.
Everyone under the law is entitled to due process. And I can't talk
about how long this process has taken, but I have every confidence that
justice will be served, and hopefully in an expeditious manner.
But I'm, indeed, sorry that this amendment has been brought to the
floor. I think it is totally inappropriate. Obviously Members have a
right to make motions of this kind.
Mr. Chairman, I yield back the balance of my time.
Mr. KENNEDY. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from Rhode Island is recognized for 5
minutes.
Mr. KENNEDY. As cochair of the Judiciary Appropriation Subcommittee,
someone who has attended these hearings all the way through, I am
disappointed by this because I think it calls into question every
single member of this committee and the integrity of every single
member of this committee in saying that you're calling into question
the integrity of this committee and what we have done as a work product
as a committee. This is not the product of one individual; this is a
product of a committee. So I take great exception to this Member's
amendment and the questions that he has raised here.
I stand behind this work product, as do the colleagues that I serve
with on this committee, both Republicans and Democrats. I serve proudly
with this chairman. And we've worked as a bipartisan committee, worked
together on a bipartisan basis in order to produce a work product that
meets the needs of the public, to meet the needs of the law enforcement
community in this country, and, I might add, way over and above the
President of the United States' request for law enforcement, way over
and above the request for law enforcement that this administration has
put forward.
So I might say that it is ironic that this amendment comes up, that
under this chairman, this law enforcement has gone further and farther
than it has, indeed, under many, many previous chairs of this
committee.
{time} 1630
For that reason, Mr. Chairman, I support today's mark and I ask my
colleagues to do the same.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, in this body, anyone has a right and an
[[Page H8453]]
opportunity, as the gentleman has taken advantage of, to raise whatever
issue one wants. The gentleman raises an issue in the context of
virtuousness and virtuosity. He raises a virtue issue here; he argues
it from a premise of virtuosity.
I have no doubt that the gentleman is a good person and that the
gentleman is a virtuous person. But I would suggest that the gentleman,
number one, has expressed a greater knowledge about any investigation
than I have. Perhaps he has inside knowledge about it. But I could not
tell you actually if it exists, because I have never been approached
with regard to it.
Number two, I would suggest that as the gentleman raises his point in
the context of virtue, that he might want to be very cautious, because,
as he says, he reluctantly does it, and he might want to be concerned
about those who have raised this issue initially perhaps failing his
test of virtue. I simply suggest that as a caution to him when he
raises this kind of an issue in this context.
I could suggest that it is unworthy to raise it in this context
because it is obviously ad hominem. But I am not going to go there. I
would just suggest that the gentleman, as he contemplates this issue
and as he raises a virtue question, that he satisfy himself in his own
mind that those who have initiated and perpetrated this effort, that he
contemplate the possibility that their motives are not pure and that
they, in this instance, are not virtuous.
Mr. Chairman, I yield back the balance of my time.
Mr. JORDAN of Ohio. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. JORDAN of Ohio. I yield to the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, I thank the gentleman from Ohio for
coming to the floor and gaining some time to give me the ability to
respond to the gentleman from West Virginia.
Mr. Chairman, I listened to his response. His response was measured.
It was appropriate. But I didn't hear a response to the question about
the intimidation factor and, in fact, the appearance of impropriety
that the man holding the gavel is also holding the purse strings of the
agency that is doing the investigation, according to the New York Times
and the Wall Street Journal and a number of other publications across
this country.
I think that is an appropriate question. I think this Congress has to
ask that question. I think we have to answer that question. I had hoped
that it would get asked and answered by the leadership on the majority
side of the aisle. The leadership knew about this when they made the
appointments to the Chairs of the committee.
So it is reluctantly that I bring this here. I wish that someone had
stepped forward and taken this cup from me. But I can't cross this
spot, which I recognize to be the Rubicon, knowing what I know, without
raising the issue for the Members, to ask them to make a decision as
well.
It is appropriate for any Member to raise an issue when it hasn't
been properly dealt with by the leadership of this Congress. It is
appropriate to lay facts out in front and debate those facts. It is not
inappropriate to ask questions and ask for answers.
There is a lot more data here that I am aware of, but, factually,
this is as far as I care to go with this issue. I want to ask the
Members to make a decision. History will make a decision on this moment
here on the floor of this Congress. Our decision is just temporary, but
history will write this.
Mr. JORDAN of Ohio. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. KING of Iowa. 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 Iowa will be postponed.
Amendment No. 5 Offered by Mr. Rogers of Michigan
Mr. ROGERS of Michigan. 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. Rogers of Michigan:
Page 30, line 4, strike the period and insert the
following: ``: Provided further, That not to exceed
$16,000,000 shall be available for a housing allowance pilot
program for Special Agents of the Federal Bureau of
Investigation.''.
Mr. OBEY. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. The gentleman from Wisconsin reserves a point of order.
Mr. ROGERS of Michigan. Mr. Chairman, distinguished Chair of the
Appropriations Committee, I hope we can work this issue out. This is
language that was agreed last year by both parties to take care of two,
I think, very important fixes for the Federal Bureau of Investigation.
We have a segment of agents who are being punished, for lack of a
better term, for not choosing to come back to Washington, DC. They have
served their countries ably. They have served their tours as brick
agents and worked the streets, and kicked in doors, and arrested drug
dealers and mobsters, and gone after terrorists, and done all that hard
work that we ask them to do every single day. Unselfishly, so, they
have done it.
Through that course, they have decided to be supervisors and pick an
area of expertise. In this particular case, they have picked a
supervisory specialty that might be white collar crime, or it might be
organized crime, or it might be counterterrorism or it might be foreign
counterintelligence. That expertise allows them to lead these agents to
better investigations.
In a new policy implemented by the FBI Director, these fairly senior
agents, it asked them to step aside if they chose not to come back to
Washington, D.C. Some of them had their kids in high school.
You can imagine being in Des Moines, Iowa, close to home, and you
have got 18 or 19 years of Federal service, maybe they are former
military before that. They have got lots of Federal service, looking to
move on in a few years. That is a hard choice for them to make. In
doing so, it cost them that added benefit to their pension for serving
in a leadership capacity in the FBI.
So what we simply did is last summer worked out some language with
the FBI Director that said we were not going to let these 200 or so
agents be punished by this new policy. They deserved to have that
pension at the rate of service which they have ably given their
country. Again, this language was agreed to by both parties last year,
but because this was a continuing resolution and it was dropped in
conference, we did not have that opportunity to get this fixed.
The second part of that, which I can talk to in the second amendment,
is also about a housing allowance that would allow agents, for the
first time, like other Federal agencies working in major cities across
the United States, to enjoy a housing allowance in these very high-cost
areas, so that we can keep, retain and really say thank you to the
hardest working FBI agents who are working to protect the homeland.
With that, I would hope that the chairman and I could work this
through and try to find some conclusion to what we have already agreed
to needs to get fixed for these people, who, by the way, have already
been told their pensions will be fixed, and yet to this date have not.
Mr. Chairman, I yield back the balance of my time.
Point of Order
Mr. OBEY. Mr. Chairman, I must insist on my point of order.
Mr. Chairman, I certainly understand what the gentleman is trying to
accomplish, and I probably agree with it. But, nonetheless, this
committee is not the proper venue and this legislation is not the
proper legislation upon which to raise the issue.
During the consideration of the Labor-H bill last week, I had to
object to a number of amendments and lodge points of order because they
were not appropriately offered to that bill, even though some of them
were from my side of the aisle and I agreed with them.
[[Page H8454]]
This amendment, while I would certainly be happy to work with the
gentleman, this amendment cannot be accepted by the committee without
violating the rules of the House, and so therefore I make a point of
order against the amendment because it provides an appropriation for a
non-authorized program and therefore violates clause 2, rule XXI, which
states in pertinent part: ``An appropriation may not be in order as an
amendment for an expenditure not previously authorized by law.''
The amendment proposes to appropriate funds for a program that is not
authorized and therefore violates clause 2, rule XXI.
I ask for a ruling of the Chair.
The CHAIRMAN. Does the gentleman from New Jersey wish to be heard on
the point of order?
Mr. FRELINGHUYSEN. Mr. Chairman, first of all, let me thank Mr.
Rogers not only for his congressional service, but for his other life
before he came to Congress. As I sort of said in my opening remarks,
all of us on this floor salute the men and women who are special
agents. They do dangerous work. The gentleman has been unstinting in
terms of educating me as the new ranking member, you didn't have to do
it to the other side, as to the sort of things that were discussed by
Representatives Wolf, Hobson and Rogers.
We tried in our bill to give some direction and impetus to having
these issues of retention up and out and housing allowance raised to a
higher level of interest by the FBI Director. We are not going to stop
that push.
The gentleman may or may not be successful with his amendments, but I
am still committed, and I am sure the majority is, if there is
something going on here that is unfair, promises haven't been kept, we
are going to do our level best without authorizing on this bill to see
that it is done.
I support the Chairman's point of order.
The CHAIRMAN. Does the gentleman from Michigan wish to be heard on
the point of order?
Mr. ROGERS of Michigan. Yes, Mr. Chairman, I do.
Mr. Chairman, I thought this amendment was in order. But, in that
vein, I thought I heard the chairman say that he would be willing to
work with us maybe in conference and we could find some language that
might be acceptable to the chairman where we could kind of conclude
this deal that I think we all have agreed to in the past, that maybe we
can work out that language in the conference.
Mr. Chairman, I just thank the gentleman for his willingness to sit
down and work with us.
The CHAIRMAN. If no one else wishes to be heard on the point of
order, the Chair is prepared to rule.
The proponent of an item of appropriation carries a burden of
persuasion on the question of whether it is supported by an
authorization in law. Having reviewed the amendment and entertained
argument on the point of order, the Chair is unable to conclude that
the item of appropriation in question is authorized in law. The Chair
is therefore constrained to sustain the point of order under clause
2(a) of rule XXI.
Amendment No. 6 Offered by Mr. Rogers of Michigan
Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Rogers of Michigan:
Page 30, line 4, strike the period and insert the
following: ``: Provided further, That funds shall be
available for annuity protection for Special Agents of the
Federal Bureau of Investigation who had completed a total of
3 or more years in field supervisory positions as of June 3,
2004, who are subsequently transferred to positions at a
lower grade because they chose not to accept transfers to
equivalent or higher positions within the FBI pursuant to the
Field Office Supervisory Term Limit Policy issued on that
date, and are not subsequently reduced in grade or removed
for performance or misconduct reasons. `Average pay' for
purposes of section 8331(4) or 8401(3) of title 5, United
States Code, as applicable, shall be the larger of (1) the
amount to which such Agents are entitled under those
provisions, or (2) the amount to which such Agents would have
been entitled under those provisions had they remained in the
field supervisory position at the same grade and step until
the date of their retirement. This provision shall be
retroactive to the date the Federal Breau of Investigation
began implementing the policy.''.
Mr. OBEY. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. The gentleman from Wisconsin reserves a point of order.
Mr. ROGERS of Michigan. Mr. Chairman, just for the purpose of a very
short colloquy, I think we established the two issues here that we are
trying to get resolved, and I would again just ask the chairman if he
would have that willingness to work with us and see if we couldn't find
some language acceptable to the chairman to correct these two egregious
items. These agents certainly shouldn't bear the brunt of any
disagreement.
Mr. OBEY. Mr. Chairman, if the gentleman will yield, I think on this
issue there are certainly questions of equity on both sides. I think
they need to be resolved. I understand why the FBI wants to follow the
policy that they follow. I also understand why agents themselves feel
it is unfair leaving them with the reduced retirement possibility.
So, again, I would be happy to work with the gentleman to see if we
can't persuade the agency to come up with an agreeable solution to the
problem.
{time} 1645
Mr. ROGERS of Michigan. Mr. Chairman, I ask unanimous consent to
withdraw my amendment.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of Federally-owned buildings; and preliminary
planning and design of projects; $33,191,000, to remain
available unitl expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; and expenses for conducting drug education
and training programs, including travel and related expenses
for participants in such programs and the distribution of
items of token value that promote the goals of such programs,
$1,842,569,000; of which not to exceed $75,000,000 shall
remain available until expended; and of which not to exceed
$100,000 shall be available for official reception and
representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall
be for replacement only; not to exceed $25,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $1,013,980,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of
which $10,000,000 shall remain available until expended:
Provided, That no funds appropriated herein shall be
available for salaries or administrative expenses in
connection with consolidating or centralizing, within the
Department of Justice, the records, or any portion thereof,
of acquisition and disposition of firearms maintained by
Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative
expenses or the compensation of any officer or employee of
the United States to implement an amendment or amendments to
27 CFR 178.118 or to change the definition of ``Curios or
relics'' in 27 CFR 178.11 or remove any item from ATF
Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments in fiscal year
2008: Provided further, That, beginning in fiscal year 2008
and thereafter, no funds appropriated under this or any other
Act may be used to disclose part or all of the contents of
[[Page H8455]]
the Firearms Trace System database maintained by the National
Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
Explosives or any information required to be kept by
licensees pursuant to section 923(g) of title 18, United
States Code, or required to be reported pursuant to
paragraphs (3) and (7) of such section 923(g), except to (1)
a Federal, State, local, tribal, or foreign law enforcement
agency, or a Federal, State, or local prosecutor, solely in
connection with and for use in a criminal investigation or
prosecution, or (2) a Federal agency for a national security
or intelligence purpose; and all such data shall be immune
from legal process, shall not be subject to subpoena or other
discovery, shall be inadmissible in evidence, and shall not
be used, relied on, or disclosed in any manner, nor shall
testimony or other evidence be permitted based on the data,
in a civil action in any State (including the District of
Columbia) or Federal court or in an administrative proceeding
other than a proceeding commenced by the Bureau of Alcohol,
Tobacco, Firearms and Explosives to enforce the provisions of
chapter 44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed
to prevent (1) the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section
921(1)(10) of such title), (2) the sharing or exchange of
such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials, or (3) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further,
That no funds made available by this or any other Act shall
be expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code: Provided further, That
no funds authorized or made available under this or any other
Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of
such a license due to a lack of business activity, provided
that the applicant is otherwise eligible to receive such a
license, and is eligible to report business income or to
claim an income tax deduction for business expenses under the
Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 669, of which 642 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $5,171,440,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2009: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, for the care and security in the
United States of Cuban and Haitian entrants: Provided
further, That the Director of the Federal Prison System may
accept donated property and services relating to the
operation of the prison card program from a not-for-profit
entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For the modernization, maintenance, and repair of buildings
and facilities, including all necessary expenses incident
thereto, by contract or force account, $95,003,000, to remain
available until expended, of which not to exceed $14,000,000
shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may
be used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,477,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by 5
U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and
expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and
expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or
disposition of facilities and other property belonging to the
corporation or in which it has an interest.
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Victims of Trafficking and Violence Protection Act
of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); $430,000,000, including amounts for administrative
costs, to remain available until expended as follows:
(1) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $3,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(3) $205,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, as amended by
section 101 of the 2005 Act, of which--
(A) $20,000,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking
or sexual assault as authorized by section 40299 of the 1994
Act, as amended by section 602 of the 2005 Act; and
(B) $2,000,000 shall be for the National Institute of
Justice for research and evaluation of violence against
women;
(4) $63,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act, as amended by section
102 of the 2005 Act;
(5) $10,000,000 for sexual assault victims assistance, as
authorized by section 202 of the 2005 Act;
(6) $40,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295
of the 1994 Act, as amended by section 203 of the 2005 Act;
(7) $6,000,000 for training programs as authorized by
section 40152 of the 1994 Act, as amended by section 108 of
the 2005 Act, and for related local demonstration projects;
(8) $3,000,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602
of the 1994 Act, as amended by section 109 of the 2005 Act;
(9) $10,000,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005
Act;
(10) $40,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act, as amended by
section 103 of the 2005 Act;
(11) $5,000,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act, as amended by
section 205 of the 2005 Act;
(12) $15,000,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act, as amended by
section 306 of the 2005 Act;
(13) $8,000,000 for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of the 2000 Act, as amended by section 204 of
the 2005 Act; and
(14) $10,000,000 for an engaging men and youth in
prevention program, as authorized by the 2005 Act.
Amendment Offered by Mrs. Capito
Mrs. CAPITO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Capito:
[[Page H8456]]
Page 38, line 20, after the dollar amount insert
``(increased by $10,000,000)''.
Page 39, line 22, after the dollar amount insert
``(increased by $10,000,000)''.
Page 66, line 7, after the dollar amount insert ``(reduced
by $10,000,000)''.
Mrs. CAPITO. Mr. Chairman, I would like to begin, first of all, by
thanking the chairman of the subcommittee and the ranking member for
their good, hard work on this bill. They are very dedicated to seeing
that we spend our taxpayers' dollars wisely.
Today I rise to offer an amendment to help break the cycle of
violence against women, especially those living in the rural areas. We
are facing an epidemic in this country. Sexual and domestic violence
can happen to anyone, regardless of race, age, sexual orientation,
religion or gender. One in four women will experience domestic violence
during her lifetime. It is a frightening statistic, I think.
To be safe in their communities, women need to be safe in their own
homes. Of the over 12,000 domestic violence victims reported in my
State of West Virginia in 2005, a total of over 8,600, or 68 percent,
were victims of intimate partner violence. What used to be called a
``family matter'' is now a crime. The Violence Against Women Act was
much-needed landmark legislation that helped transform the perception
of domestic abuse as a serious crime and created programs to increase
access to services for women and victims.
My amendment builds on the successes of the last decade and prevents
more women from suffering in silence. Victims of domestic violence and
sexual assault in rural and remote communities face unique obstacles in
their efforts to escape abusive and dangerous relationships. The
geographic isolation, economic structure, and particularly strong
cultural pressures and social pressures, and lack of available
resources in rural jurisdictions significantly compound the problems
confronted by those seeking support and services. Nonreporting of
sexual assault in rural areas is a particular problem.
Other barriers to domestic violence and sexual assault intervention
in rural communities may include gaps in the 911 emergency system that
may delay responses, underfunded and understaffed law enforcement
agencies that hamper the criminal justice response, and lack of legal
representation for protective orders and other civil matters pertaining
to domestic violence.
Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking,
and Child Abuse Enforcement Assistance Grants fund cooperative efforts
between law enforcement, prosecutors, and victim services. They provide
treatment, counseling and assistance to victims, and work with rural
communities to develop education and prevention strategies.
Last year Congress funded this program with $38.8 million. The
committee's recommended funding level for this year amounts to only a
$1.2 million increase over last year's appropriations for the Rural
Domestic Violence Grants program.
Meanwhile, the National Science Foundation Agency Operations and
Award Management line item, which was the old salary and expense line
item, stands to receive $285.59 million. This amounts to an increase of
over $37 million, or 13 percent.
My amendment would boost funding for the Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants by $10 million without
costing the taxpayers additional money.
I ask my colleagues to join me in support of this important amendment
to help provide victims with the protection and services in the rural
areas they need to pursue safe and healthy lives while simultaneously
enabling communities to hold offenders accountable for their violence.
Mr. Chairman, I yield back the balance of my time.
Mr. MOLLOHAN. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from West Virginia is recognized for 5
minutes.
Mr. MOLLOHAN. Mr. Chairman, the gentlelady offers an amendment to one
of the grant programs in the Violence Against Women Office of the U.S.
Department of Justice. To give a little bit of context to the
amendment, the Office of Violence Against Women was funded in fiscal
year 2007 at $382.571 million. The President requested $370 million,
about $12.5 million less than was funded in 2007. So the President's
request for the office was decreased. He requested less money than was
appropriated last year.
In addition to that, the President wanted to eliminate all of the
grant programs, including the one that the gentlelady seeks today to
increase funding for specifically. The subcommittee increased funding
over the President's request by $60 million. So the subcommittee looked
at the Violence Against Women Office and looked at the scourge that
office addresses and fights every day and the programs that the office
administers, and we said not only do we need to increase the
President's request from last year's level, we need to increase this
program above the President's request, and we did by $60 million. We
also rejected the President's request to eliminate all of the grant
programs under Violence Against Women. We retained those grant programs
and those categories, and then we funded each and every one of them
handsomely.
So the request before us today, or the recommendation of the
committee before the body today, increases over Fiscal Year 2007
funding by $47 million, over the President's request by $60 million. As
for the grant program that the gentlelady offers an amendment to, we
fund it at $40 million, which is 100 percent over the President's
request, because he wanted to eliminate that program, and 3 percent
over the 2007 funding.
Now, there is no question that the Office of Violence Against Women
deserves adequate funding. That is why we funded it at $60 million over
the President's request. It enjoys a privileged position on our
committee. Chairwoman DeLauro is aggressive in her leadership on this
issue as is every member of our subcommittee. The Rural Domestic
Violence Assistance Grants have been funded at $40 million and are
extremely proud of that funding level.
The gentlelady looks for her offset in the National Science
Foundation, the premier research and development agency in the United
States Government. It offers peer-reviewed granting; it looks at
education programs; it looks at research programs, cutting-edge,
transformational research, the research that we rely upon in order to
ensure our competitiveness in the arena and also lay a foundation for
our competitiveness in the global economic marketplace.
Don't make any mistake about it, everyone who has testified before
our committee agrees the National Science Foundation is not only an
economic security issue, it is a national security issue, and it is not
the place where we ought to be taking funding. There is a recognition
that we need to double the funding for the National Science Foundation,
and that is the track we are on with the level of funding in this bill.
We should not, and hopefully we won't, reduce funding to the National
Science Foundation by $10 million. That would knock us off of the
track.
To summarize, Mr. Chairman, funding in the Violence Against Women
programs is robust: $60 million above the President's request. The
particular grant programs, one of which the gentlelady addresses, each
have been retained, and each of those grant programs has been funded
robustly.
So, like every other account in this bill, we could use additional
money, and if the budget resolutions that the minority would vote for
would allow us additional money, we would be pleased to look at
increasing funding for violence against women programs.
But given our allocation, and given the priorities and the
conflicting demands in the bill, and given the importance of the
National Science Foundation and the robust nature of our funding for
violence against women, I must oppose the gentlelady's amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. BAIRD. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman from Washington is recognized for 5
minutes.
Mr. BAIRD. I have great respect for the gentlelady's intent here. As
a clinical psychologist before entering this body, I worked with
victims of domestic violence and have been a strong advocate for the
Violence Against Women
[[Page H8457]]
Act and other things to support victims of domestic violence.
The challenge I face here, and I think we all face, is that this is
not a good offset. As Chair of the Research and Education Subcommittee
of the Science Committee, I have met extensively with the National
Science Foundation, and I will tell you that they are already
substantially overstretched in their ability to manage the numbers of
grant applications and oversee the grants that are already being
administered.
The President himself has asked for a substantial increase in funding
for the National Science Foundation. That has broad bipartisan support
within this body and within the other body.
If we were to cut the management funds, as this proposes, we would
dramatically impair the NSF's ability to manage that increase; indeed,
to manage their current workload.
I have met with the people managing the grant process at the NSF. I
have met with the applicants, and we have spent extensive time on this
in our subcommittee. While I support the intent of trying to provide
more funding for violence against women, this is not the way to do it.
Mrs. CAPITO. Mr. Chairman, will the gentleman yield?
Mr. BAIRD. I yield to the gentlewoman from West Virginia.
Mrs. CAPITO. I would like to read very briefly from the agency
operation and award management section because I agree with you. I was
a science major in college. I am very dedicated to the forward-leaning
research and development that NSF has provided.
But in this particular account, this is for agency operations and
award management necessary in carrying out the National Science
Foundation Act, services authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, not to exceed $9,000 for official reception and
representation expenses, uniforms or allowances therefor, rental of
conference rooms in the District of Columbia, and reimbursement for
security guard services.
I tried to look for an area that would not harm research or
researchers or the dedicated folks that are working on forward-leaning
and futuristic advances for our Nation. I am very concerned about
domestic violence in the rural area, and that is why I pinpointed this
particular area.
Mr. BAIRD. I appreciate that. I understand you have done that, and I
respect the diligence here.
The challenge they face is they are literally bursting at the seams.
They do not have office space, sufficient computer architecture, they
do not have sufficient personnel. I can't vouch, and it would be
foolish for any of us to try to line-item or justify each and every
expense, but I can tell you what they have told me is they lack the
space.
If you are finding items for conference room rentals for meetings,
that is perfectly understandable to me that when you have people coming
back to have meetings, you may occasionally need additional space.
My bottom line here is this is an agency that I think by and large
gives a very strong return on investment for the government and for the
taxpayers, and a $10 million cut to an administrative fund for an
agency that already tells us they lack adequate resources I think is
excessive.
I am sorry, I am going to have to say we should defeat this amendment
and try to find other ways. As the distinguished gentleman mentioned
earlier, we have already seen substantial investments in this area over
and above the President's request as far as the area of violence
against women.
{time} 1700
I would just encourage the gentlelady to say well done to the
Democratic majority for adding to this relative to what the President
offered.
But I would urge my colleagues, and I can tell you personally from
having met with and visited with NSF administration, they do not feel,
and my understanding, they can sustain a $10 million cut to any portion
of their budget. But the administration portion is what enables them to
manage the grants, to manage the research that this country's future
and domestic security and economic competitiveness depends on.
So I'd urge defeat of this well-intentioned amendment with
unfortunately an undesirable offset.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from West Virginia (Mrs. Capito).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mrs. CAPITO. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from West Virginia will be
postponed.
Mr. MOLLOHAN. 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.
Fattah) having assumed the Chair, Mr. Snyder, 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. 3093) making
appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2008, and for other purposes, had come to no resolution thereon.
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