Congressional Record, Volume 163 Issue 143 (Wednesday, September 6, 2017)

[Congressional Record Volume 163, Number 143 (Wednesday, September 6, 2017)]
[House]
[Pages H7072-H7082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018

The SPEAKER pro tempore. Pursuant to House Resolution 500 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 3354.
Will the gentleman from Kansas (Mr. Marshall) kindly resume the
chair.

{time} 2323

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3354) making appropriations for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2018, and for other purposes, with Mr. Marshall (Acting
Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
amendment No. 58 printed in part B of House Report 115-295 by the
gentleman from Texas (Mr. Babin) had been disposed of.

Amendments En Bloc No. 3 Offered by Mr. Carter of Texas

Mr. CARTER of Texas. Mr. Chairman, pursuant to section 3 of House
Resolution 500, as the designee of Chairman Frelinghuysen, I rise to
offer en bloc No. 3 as part of the consideration of Division E of H.R.
3354. A list of amendments included in the en bloc is at the desk and
has been agreed to by both sides.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 61, 62, 64, 65,
67, 68, 69, 72, 73, 79, 82, 86, and 89, printed in part B of House
Report Number 115-295, offered by Mr. Carter of Texas:

amendment no. 61 offered by mr. keating of massachusetts

Page 635, line 9, after the first dollar amount, insert
``(reduced by $7,000,000)''.
Page 659, line 7, after the dollar amount, insert
``(increased by $7,000,000)''.
Page 661, line 3, after the dollar amount, insert
``(increased by $7,000,000)''.

amendment no. 62 offered by mr. swalwell of california

Page 635, line 9, after the first dollar amount, insert
``(reduced by $10,000,000)''.
Page 645, line 11, after the dollar amount, insert
``(increased by $10,000,000)''.

amendment no. 64 offered by ms. michelle lujan grisham of new mexico

Page 635, line 9, after the first dollar amount insert the
following: ``(reduced by $5,000,000)''.
Page 659, line 7, after the dollar amount insert the
following: ``(increased by $5,000,000)''.
Page 659, line 19, after the dollar amount insert the
following: ``(increased by $5,000,000)''.

amendment no. 65 offered by mr. higgins of new york

Page 635, line 9, after the first dollar amount insert the
following: ``(reduced by $1,000,000)''.
Page 669, line 10, after the dollar amount insert the
following: ``(increased by $1,000,000)''.

amendment no. 67 offered by mr. delaney of maryland

Page 635, line 14, after the dollar amount, insert
``(reduced by $76,400,000)''.
Page 668, line 6, after the first dollar amount, insert
``(increased by $42,300,000)''.
Page 668, line 13, after the dollar amount, insert
``(increased by $34,100,000)''.

amendment no. 68 offered by mr. bilirakis of florida

Page 635, line 14, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 643, line 11, after the first dollar amount, insert
``(increased by $5,000,000)''.

amendment no. 69 offered by mr. pascrell of new jersey

Page 635, line 14, after the dollar amount, insert
``(reduced by $1,000,000)''.

[[Page H7073]]

Page 659, line 7, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 661, line 23, after the dollar amount, insert
``(increased by $1,000,000)''.

amendment no. 72 offered by mr. kildee of michigan

Page 640, line 24, after the dollar amount, insert
``(reduced by $20,000,000)''.
Page 659, line 7, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 660, line 12, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 660, line 15, after the dollar amount, insert
``(increased by $20,000,000)''.

amendment no. 73 offered by mr. correa of california

Page 640, line 24, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 643, line 11, after the first dollar amount, insert
``(reduced by $10,000,000)''.

amendment no. 79 offered by mr. latta of ohio

Page 657, line 15, after the dollar amount insert the
following: ``(increased by $1) (reduced by $1)''.

amendment no. 82 offered by mrs. torres of california

At the end of division E (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used in contravention of section 235B of the Immigration
and Nationality Act.

amendment no. 86 offered by mr. sean patrick maloney of new york

At the end of division E (before the short title) insert
the following:
Sec. __. None of the funds made available in this Act may
be used to establish an anchorage on the Hudson River between
Yonkers, New York and Kingston, New York.

amendment no. 89 offered by ms. jackson lee of texas

At the end of division E (before the spending reduction
account), insert the following:
Sec. __. None of the funds made available in this Act may
be used in contravention of section 44917 of title 49, United
States Code.

The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Texas (Mr. Carter) and the gentlewoman from California (Ms.
Roybal-Allard) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CARTER of Texas. Mr. Chairman, I reserve the balance of my time.
Ms. ROYBAL-ALLARD. Mr. Chairman, I yield 1 minute to the gentleman
from Massachusetts (Mr. Keating).
Mr. KEATING. Mr. Chairman, I thank the gentlewoman from California,
and I also want to thank my colleagues on the other side of the aisle
for their support of an amendment that really is relevant right now. In
Barnstable County, Massachusetts, a single coordinator for the FEMA
community rating system program is helping 11 of the 15 towns invest in
a regional level mitigation to bring down flood insurance premiums for
the people of Cape Cod.
That coordinator is working to include all 15 towns in the program
and help residents achieve flood insurance discounts of up to 15
percent in year 1 alone.
My amendment in this package would fund grants to help towns in other
parts of the country partner together and hire their own regional CRS
coordinators. More local governments would be able to mitigate flood
risk and lower the cost of premiums for residents in their areas.
Nobody loses under this scenario. We make flood insurance more
affordable, we encourage investment in flood mitigation, and because of
the cost-saving use of Federal dollars, the CBO reports this amendment
will reduce the deficit by $5 million in 2018. It is such a really
important time in our country when we face challenges of major storms
and floods.
Mr. Chairman, I am pleased the amendment was included in the en bloc,
and I urge my colleagues to support this package.
Mr. CARTER of Texas. Mr. Chairman, I yield 1 minute to the gentleman
from Florida (Mr. Bilirakis), who is my good friend.
Mr. BILIRAKIS. Mr. Chairman, I rise today in support of my amendment
to add $5 million to expand the Visa Security Program which will fund
two more high-risk visa security posts in the most volatile parts of
the world.
The global threat of radical Islamic extremism is very real and
requires a robust vetting system to ensure those seeking to do us harm
do not enter our borders.
Despite success in our efforts to destroy ISIS, we know hot spots
around the world serve as a breeding ground for radical ideology. That
is why expanding our visa security program is paramount.
In 2010, I questioned then-Homeland Security Secretary Napolitano
about why the Visa Security Program hadn't been accelerated and
emphasized the need to take prompt action to bolster screening
capabilities overseas.
It remains a priority today. The Visa Security Program is a vital
part of our antiterrorism efforts, and its success is essential because
if we are not safe, nothing else matters.
Mr. Chairman, I urge my colleagues to support this en bloc amendment
and the underlying bill.
Ms. ROYBAL-ALLARD. Mr. Chairman, I yield 1 minute to the gentleman
from California (Mr. Correa).
Mr. CORREA. Mr. Chairman, I rise in support of my amendment No. 73
which is included in this en bloc package. My amendment would seek to
allocate $10 million for additional K-9 teams for Customs and Border
Protection.

{time} 2330

Many legal drugs that come into our country enter through our
Nation's port of entries. Last year, CBP seized 3.3 million pounds of
narcotics. Trained canine teams were keys to these successes. Yet when
it comes to canine teams, U.S. border authorities are severely
understaffed.
I thank my colleagues for including my amendment in this package.
Mr. CARTER of Texas. Mr. Chairman, I yield 1 minute to the gentleman
from Ohio (Mr. Latta).
Mr. LATTA. Mr. Chairman, I thank the gentleman for yielding.
The amendment I am offering today highlights a critical security
concern that must be addressed in order to keep the American people
safe. Over the past several years, terrorists in Europe and around the
world have added vehicular attacks to their deadly arsenal. From Paris
to Barcelona and Jerusalem to London, terrorists have rented trucks and
vans to commit horrible attacks, leaving hundreds dead and countless
seriously injured.
While the United States has yet to experience an attack on the scale
of those that have occurred in Europe, we must do everything in our
power to make sure that the individuals who do us harm do not
eventually slip through the cracks.
I believe the U.S. Department of Homeland Security should have the
discretion to use its funds to explore partnerships with van and truck
rental companies so that background checks may be conducted for
individuals attempting to procure these vehicles. This amendment is a
first step towards recognizing and addressing the potential
vulnerability of American citizens to these terrible attacks.
It is my hope that I continue to work with the chairman as well as
the Committee on Homeland Security to pursue legislative measures that
will address the vehicular attacks and actions so that we can guard
against them.
I thank the chairman, the ranking member, and my colleagues for their
support.
Ms. ROYBAL-ALLARD. Mr. Chairman, I yield 1 minute to the gentleman
from Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Chairman, I thank the gentlewoman for yielding.
Mr. Chairman, I rise today to support my amendment, which is included
in this en bloc amendment, that would add $20 million for the Staffing
for Adequate Fire and Emergency Response grants, also better known as
SAFER grants. These are critical grants that basically help keep
communities safe.
Right now, in my hometown of Flint and in Saginaw, just up the road,
we have 48 additional firefighters solely because of these grants.
During the recess, I was able to go to these fire stations, sit down
especially with the new firefighters that have been hired, and talk to
them about what it means for them to serve our community and to see
some of the new equipment that they are able to have. This makes our
communities safer.
It is particularly special to me because my grandfather was a fire
chief. He was actually the first fire chief of Flint Township. I
learned about service to community by seeing what he did to protect the
community that we grew up in.
This program supports safety in those communities. Without it, our
citizens are less safe. I am pleased that this amendment was included
in the en bloc amendment, and I urge my colleagues to support it.

[[Page H7074]]

Mr. CARTER of Texas. Mr. Chairman, I reserve the balance of my time.
Ms. ROYBAL-ALLARD. Mr. Chairman, I yield 1 minute to the gentlewoman
from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chairman, I thank the gentlewoman from
California, and I thank the manager of this bill, Judge Carter from
Texas, for including my amendment in the en bloc amendment. Let me
explain it very simply.
My amendment would help facilitate the Secretary of Homeland Security
from being limited in their discretion for the utilization and
enhancement of the use of Federal air marshals on inbound international
flights considered to be high risk by the Department of Homeland
Security.
My amendment ensures that the Federal Air Marshal Service effectively
uses its funds to deploy personnel on inbound flights that are
considered high risk by the Department of Homeland Security and that
there is no limit on that ability.
I believe that Federal air marshals are the last line of defense in
some instances in defending the cockpit and aircraft cabin against
terrorist attacks. We know that airlines, airplanes, aviation still
remains a very attractive target, as evidenced over the years, by
terrorists.
As the former chairwoman of the Transportation Security Committee, I
have worked over the years and sponsored legislation to ensure we had
enough air marshals who receive all the requisite training to
effectively secure aircraft.
Let me say that all of our individuals are important to the
Department of Homeland Security. I ask my colleagues to support this
amendment. I thank my colleagues for putting it in the en bloc, and I
ask for its support.
Mr. Chair, let me thank Subcommittee Chairman Carter and Ranking
Member Roybal-Allard for their leadership on this important legislation
and for the opportunity to explain my amendment.
Thank you for this opportunity to explain my amendment, which simply
prohibits any funds in the Homeland Appropriations Act from being used
to limit the discretion of the Secretary of Homeland Security to
enhance the use of Federal air marshals on inbound international
flights considered to be high risk by the Department of Homeland
Security.
My amendment ensures that the Federal Air Marshal Service effectively
uses its funds to deploy personnel on inbound flights that are
considered high risk by the Department of Homeland Security and that
there is no limitation on that ability.
I believe that Federal Air Marshals are the last line of defense in
defending the cockpit and aircraft cabin against terrorist attack.
As the former Chair and a current member of Homeland Security
Transportation Security Subcommittee, I have worked over the years and
sponsored legislation to ensure that we have enough air marshals and
that they receive all the requisite training to effectively secure
aircraft.
To best protect our Nation from terroristic threat it is of extreme
importance that we use the necessary funds to support the use of
Federal Air Marshalls on inbound international flights.
Make no mistake--the threat to our aviation system from aircraft
inbound to the United States from foreign airports is serious and
dangerous.
Following the capture and killing of Osama Bin Laden, intelligence
was gathered that suggests that Al Qaeda still has an interest in
attacking the U.S., likely through transportation modes.
This fact, coupled with the numerous suspicious activities even on
domestic aircraft where passengers were attempting to open cabin doors
in flight or otherwise disrupt flights, is of concern.
While my amendment deals with the threat on inbound aircraft to the
U.S., its ultimate impact will be to ensure that air marshals are
assigned to the highest-risk flights.
It simply prohibits funds from being used to limit the discretion
Secretary of Homeland Security to enhance air marshal coverage on
inbound high-risk flights in accordance with the Department's risk
model.
The terroristic threats are ever changing and we must allow the
Secretary of Homeland Security to make the necessary adjustments to
protect the American people.
This is not a funding issue or people issue, rather a security issue
and this amendment is budget neutral.
Let me thank those who at the Department of Homeland Security and its
component agencies for their service, including my friends at the
Transportation Security Administration.
Let me thank all Federal Air Marshals for their service to our
nation.
I ask my colleagues to support Jackson Lee Amendment No. 89.
Mr. CARTER of Texas. Mr. Chairman, I reserve the balance of my time.
Ms. ROYBAL-ALLARD. Mr. Chairman, I yield 1 minute to the gentlewoman
from California (Mrs. Torres).
Mrs. TORRES. Mr. Chairman, I rise to offer my amendment to this
appropriations bill.
Section 235(b) of the INA requires that any individual who arrives at
a U.S. port of entry and asks to apply for asylum must be granted an
interview with an asylum officer. That is the law. It does not say our
borders are open, but it does say that we do not turn away asylum
seekers at our borders.
However, in recent months, NGOs have documented many cases where
Customs and Border Protection officials have turned away asylum seekers
at ports of entry. These actions are clearly prohibited by section
235(b).
My amendment would simply prevent any use of funds to violate section
235(b). Our taxpayer dollars should not be used to break the law.
Mr. CARTER of Texas. Mr. Chairman, I yield 1 minute to the gentleman
from New York (Mr. Donovan).
Mr. DONOVAN. Mr. Chairman, I rise in support of the Delaney-Donovan
amendment to restore funding for three vital laboratories operated by
the Department of Homeland Security's Science and Technology
Directorate: the National Biodefense Analysis and Countermeasures
Center, the Chemical Security Analysis Center, and the National Urban
Security Technology Laboratory. These laboratories work to counter
biological and chemical threats and support our Nation's first
responders.
I have had the opportunity, Mr. Chairman, to visit NUSTL, located in
New York City, which, since 2009, has been serving as the testing and
evaluation laboratory for the first responder community. Additionally,
NUSTL acts as a technical adviser and performs research and
development. I have seen the remarkable resources NUSTL provides to our
first responders and how closing it would greatly impact first
responders' capabilities.
Given the current threat environment, now is not the time to be
cutting Federal resources to counter chemical and biological threats
and support of our first responders.
I appreciate the very difficult job Chairman Carter and members of
the Appropriations Committee had in crafting the Department of Homeland
Security Appropriations bill. I appreciate their working with me and
Mr. Delaney to ensure these vital labs receive funding.
As the chairman of the Committee on Homeland Security's Subcommittee
on Emergency Preparedness, Response, and Communications, which has
oversight of the Science and Technology Directorate, I urge all Members
to support this amendment.
Mr. CARTER of Texas. Mr. Chairman, I yield back the balance of my
time.
Ms. ROYBAL-ALLARD. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Carter).
The en bloc amendments were agreed to.

Amendment No. 63 Offered by Ms. Michelle Lujan Grisham of New Mexico

The Acting CHAIR. It is now in order to consider amendment No. 63
printed in part B of House Report 115-295.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chairman, I have an
amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 635, line 9, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from New Mexico (Ms. Michelle Lujan Grisham) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chair, my amendment
prioritizes funding to study the treatment of detainees and the
conditions of private immigration detention centers.
ICE is increasing apprehensions and putting immigrant communities at

[[Page H7075]]

higher risk of apprehension, detention, and deportation. At the same
time, the Trump administration has lowered detention standards when
signing contracts with private facilities. This has led to the highest
number of deaths in ICE custody since 2011.
We have seen a complete disregard for civil and constitutional rights
of detainees, many of whom are torn from their families without basic
due process protections. These facilities are not holding prisoners.
They are holding asylum seekers who risked everything to start a better
life. They are holding hardworking community members. They are holding
family members: mothers, fathers, and children.
Information regarding detention facilities is already inconsistent,
outdated, and, frankly, overall lacking in transparency. Medical
neglect, poor treatment by guards, sexual abuse, and even in-custody
deaths plague numerous facilities across the country. Even worse,
repeat offending private prison companies continue to receive lucrative
contracts for additional facilities.
We have to have an objective and transparent review of these private
immigration detention centers. I urge my colleagues to join me in
voting ``yes'' for my amendment to ensure that detainees are treated
humanely and provided basic due process protections.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New Mexico (Ms. Michelle Lujan Grisham).
The amendment was agreed to.

Amendment No. 66 Offered by Ms. Jayapal

The Acting CHAIR. It is now in order to consider amendment No. 66
printed in part B of House Report 115-295.

=========================== NOTE ===========================

September 6, 2017, on page H7075, the following appeared:
AMENDMENT NO. 63 OFFERED BY MS. JAYAPAL The Acting CHAIR. It is
now in order to consider amendment No. 63 printed in part B of
House Report 115-295.

The online version has been corrected to read: AMENDMENT NO. 66
OFFERED BY MS. JAYAPAL The Acting CHAIR. It is now in order to
consider amendment No. 66 printed in part B of House Report 115-
295.

========================= END NOTE =========================

Ms. JAYAPAL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 635, line 9, after the first dollar amount insert
``(increased by $10,000,000)''.
Page 636, line 17, after the dollar amount insert
``(increased by $30,000,000)''.
Page 643, line 11, after the first dollar amount insert
``(reduced by $535,184,000)''.
Page 643, line 15, after the dollar amount insert
``(reduced by $535,184,000)''.

The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from Washington (Ms. Jayapal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Mr. Chairman, my amendment will eliminate $535 million
in new funding for ICE officers and provide $30 million to the DHS
Office of Inspector General and $10 million to the Office for Civil
Rights and Civil Liberties. Simply put, my amendment makes it clear
that we must increase oversight and accountability over the Department
of Homeland Security.
Reports of unlawful turnbacks of asylum seekers have only increased.
The May 2017 Human Rights First report, ``Crossing the Line,'' flagged
125 incidents where asylum seekers were denied full access to the
process. Just last month, the American Immigration Council and others
filed a class action lawsuit challenging CBP's continued practice of
turning back asylum seekers requesting protection at ports of entry.
The Trump administration's anti-immigrant rhetoric and policy appear
to have emboldened the CBP practice. CBP personnel also reportedly
stated: ``Donald Trump just signed new laws saying there is no asylum
for anyone . . . `'
We have also heard reports of CBP turning away asylum seeks through
threats, coercion, and intimidation. CBP reportedly threatened to take
away asylum seekers' children unless they left the port of entry and
let loose dogs unless they exited the port of entry.
We have also heard CBP turning away asylum seekers through verbal and
physical abuse. CBP reportedly threw an asylum seeker's 6-year-old
daughter to the ground and knocked a transgender asylum seeker to the
floor and then stepped on her neck.
These are not only unconscionable, Mr. Chairman, they may violate
U.S. and international law. They violate the Immigration and
Nationality Act, which guarantees the right of an individual present
within the United States or arriving at a U.S. port of entry to apply
for asylum.
Also, they may violate the principle of non-refoulement, articulated
in the 1951 Refugee Convention and enshrined in U.S. law in the 1967
Protocol Relating to the Status of Refugees. This prohibits the return
of asylum seekers to a country where their lives or freedom would be
threatened on account of protected ground.
Mr. Chairman, I yield 1 minute to the gentlewoman from California
(Ms. Roybal-Allard), ranking member of the Homeland Security
Appropriations Subcommittee.

{time} 2345

Ms. ROYBAL-ALLARD. Mr. Chairman, I want to express my strong support
for the gentlewoman's amendment. As I said during general debate, the
increases of the bill for ICE's enforcement, detention, and removal
operations are excessive. They support an overly aggressive immigration
enforcement approach that is tearing apart families and communities,
and it is unnecessary for national security or public safety.
The cut to ICE operations in support by this amendment would leave
sufficient funding for ICE to carry out its responsibilities humanely
and fairly, and the increases the amendment proposes for the Office of
Civil Rights and Civil Liberties and the Office of the Inspector
General are clearly needed to ensure appropriate oversight of the
Department's activities. I urge my colleagues to support the Jayapal
amendment.
Ms. JAYAPAL. Mr. Chairman, I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. CARTER of Texas. Mr. Chairman, the proposal to cut ICE funding
for enforcement of immigration laws and removal of those here illegally
will endanger the safety of the American people and convey to bad
actors that the rule of law no longer exists in the United States,
leading to increased border crossings and even more illegal aliens in
the United States.
Cutting funding for beds will lead to the release of criminal and
other removable aliens into communities across the country and weaken
the United States border security. I ask you to join me in opposing
this amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. JAYAPAL. Mr. Chairman, I would like to just remind my colleagues
again that ICE has plenty of money to carry out their activities. What
we are asking for through this amendment is to have some oversight and
accountability to make sure that we are not seeing the kind of abuse
and turn backs that we have been seeing.
Let me just remind my colleagues of the grave and critical need on
one level to address sexual assault and abuse in detention.
Between May 2014 and July 2016, the Office of the Inspector General
received, at minimum, 1,016 reports of sexual abuse and detention. In
other words, they received more than one complaint of sexual abuse each
day over the course of 26 months. According to CIVIC, a detention
watchdog, only 2.4 percent of those complaints were investigated.
So I could go on, Mr. Chairman, but I think what this amendment is
trying to say is we desperately need to ensure that we use the funds
that we are appropriating here, the funds that we are taking away, in
order to make sure that we have accountability for the Department of
Homeland Security, and to make sure, for example, that when we have
Prison Rape Elimination Act regulations to prevent sexual assault in
immigration detention, that we have adequate funding to the Department
of Homeland Security's Civil Rights and Civil Liberties department so
that they can carry out the audits to ensure that immigration detention
facilities are in compliance with those regulations.
Mr. Chairman, I hope that my colleagues will accept that we still are
going to have plenty of money for ICE to do its job, but we want to
make sure we have accountability.
Mr. Chairman, I yield back the balance of my time.
Mr. CARTER of Texas. Mr. Chairman, I yield back the balance of my
time.

[[Page H7076]]

The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The amendment was rejected.

Amendment No. 70 Offered by Mr. Fitzpatrick

The Acting CHAIR. It is now in order to consider amendment No. 70
printed in part B of House Report 115-295.
Mr. FITZPATRICK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 636, line 17, after the dollar amount insert the
following: ``(increased by $25,600,000)''.
Page 681, line 7, after the dollar amount insert the
following: ``(reduced by $33,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Pennsylvania (Mr. Fitzpatrick) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. FITZPATRICK. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, my amendment restores critical funding to the
Department of Homeland Security's Office of Inspector General to ensure
the efficiency and effectiveness of DHS operations. Without this
amendment, the OIG will have to reduce its workforce, significantly
impairing its ability to complete its mission that everyone on this
floor can agree is vital to our national security.
Mr. Chairman, these women and men work tirelessly to conduct audits,
inspections, and investigations that combat fraud, waste, and abuse in
one of our Nation's most critical agencies. With over 147 reports, 370
actions recommended, and 836 investigations, DHS OIG has proven to be
not only worthy of every penny, but also a place where dollars spent
turn into dollars saved.
I am proud to be surrounded by colleagues on the House Homeland
Security Committee who join me in supporting the mission of the OIG,
and I urge all of my colleagues to vote for this amendment, which is
crucial to our national security.
Mr. Chairman, I yield 1 minute to the gentleman from Louisiana (Mr.
Higgins).
Mr. HIGGINS of Louisiana. Mr. Speaker, I rise today in support of
Representative Fitzpatrick's amendment, which would restore necessary
funds to the Department of Homeland Security's Office of Inspector
General, to ensure that DHS is being run in the most accountable and
cost-efficient way possible.
I am in full support of the increases we have made to both Defense
and Homeland Security spending. However, it is imperative that the
programs administered by these agencies be operated in a transparent
manner that ensures the responsible expenditure of the people's
treasure.
In its most recent semiannual report, OIG reported that it recovered
$77.8 million from its audits and investigations and identified $32
million in questionable cost. OIG investigations during this time also
resulted in 86 arrests, 128 indictments, 55 convictions, and 19
personnel actions. This is a needed amendment, and I encourage my
colleagues to support it and vote ``yes.''
Mr. FITZPATRICK. Mr. Chairman, I yield 1 minute to the gentleman from
New York (Mr. Donovan).
Mr. DONOVAN. Mr. Chairman, first, I would like to thank Subcommittee
Chairman Carter and Ranking Member Roybal-Allard, along with the House
Homeland Security Committee and all their staff for the hard work on
this amendment.
Mr. Chairman, I am proud to rise in support of the amendment offered
by my colleague and friend, Mr. Fitzpatrick. The amendment restores
critical funding to the DHS Office of Inspector General so it could
meet its statutory mission.
As a subcommittee chairman who oversees components of DHS, my duty is
to first get the Department the resources it needs, and secondly,
ensure these resources are used honestly and efficiently. DHS Office of
Inspection General helps protect our resources by rooting out fraud,
waste, and abuse by investigating and prosecuting misfeasance and by
exposing process inefficiencies. I respectfully request that my
colleagues support Mr. Fitzpatrick's good government amendment.
Mr. FITZPATRICK. Mr. Chairman, I yield 1 minute to the gentleman from
Kansas (Mr. Estes).
Mr. ESTES of Kansas. Mr. Chairman, I rise today in support of
Representative Fitzpatrick's amendment. My career in the private sector
required skills in identifying deficiencies in systems and processes.
When I look at the program, or lack thereof, with the financial
systems modernization effort, beset by poor management and lack of
transparency, my last course of action would be to throw more money at
it.
Good systems require a good plan. Currently there is no plan, no path
forward, and no guarantee to the taxpayers that this money is well
spent. This effort has already cost $133 million, 50 percent more than
originally expected, and it has failed to accomplish the designated
task.
When I go back to Kansas, I am accountable to every taxpaying
constituent for every dollar spent in Washington. Therefore, I support
this amendment to shift those tax dollars from this inefficient program
to the Department of Homeland Security's Office of Inspector General,
which protects those very same tax dollars.
This money will provide operating funds to continue funding
efficiencies and savings until a good plan is developed for the
Financial Services Modernization effort.
Mr. Chairman, I urge my colleagues to support this amendment and
fiscal accountability to the American taxpayer.
Mr. FITZPATRICK. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Fitzpatrick).
The amendment was agreed to.

Amendment No. 71 Offered by Mr. Castro of Texas

The Acting CHAIR. It is now in order to consider amendment No. 71
printed in part B of House Report 115-295.
Mr. CASTRO of Texas. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 640, line 24, insert after the dollar amount the
following: ``(increased by $5,000,000) (reduced by
$5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Texas (Mr. Castro) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. CASTRO of Texas. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the underlying bill provides $5 million for the CBP
Camera Technology Initiative. My amendment would simply double the
funding for this initiative by providing an additional $5 million for a
total of $10 million.
In 2015, CBP released the findings of a yearlong body-worn camera
feasibility study, concluding that body-worn cameras would have
``positive benefits.''
The study found numerous benefits, including enhanced training
capabilities through the utilization of footage as a learning tool;
strengthened officer and agent performance and accountability; reduced
hostilities between officers/agents and citizens; a reduction in the
number of allegations and complaints; and increased officer and agent
safety by influencing public behavior.
Law enforcement agencies across the country are quickly adopting
body-worn camera technology because they see similar benefits. However,
body-worn cameras are expensive, so it is necessary to provide
additional resources for CBP to deploy the technology more effectively
and in greater numbers.
We need to ensure that we outfit as many Border Patrol agents with
body cameras as we can for the current 19,000 agents, as well as the
additional 5,000 Border Patrol agents this bill would provide for.
Mr. Chairman, I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.

[[Page H7077]]

Mr. CARTER of Texas. Mr. Chairman, my good friend from Texas, I know
his heart is in the right place, but I have real concerns about the
cost and the utilization of body cameras.
We know that you have to preserve evidence. And once you have opened
this door that there are expected to be body cameras on officers, then
not only do you have to preserve every piece of film or production that
comes out of that camera as a potential piece of evidence, and if you
take that and multiply it times the number of incidents that are going
to occur as we go through a year, and then multiply that times however
many years this agency lasts, you are talking about storing millions of
gigs or whatever they are that have to be preserved to preserve
potential evidence that could be used both by the defense and the
prosecution.
And then in a case where there isn't a body camera, it is going to be
a jury argument that can be very effectively made by the defense about
why isn't there a body camera where there is a policy of having body
cameras?

{time} 0000

But the real issue that I have with this is the cost of preserving
the record continuously by law enforcement. I think people haven't
thought this out to what kind of additional cost this is going to be as
you spread this out over the lifetime of an agency and all the agents
that work for that agency.
I know the reasons why people think body cameras are a good idea, and
they fit that. But does it justify the storage cost that is going to be
required to preserve the evidence that is manufactured by the body
camera?
That is the question I think we ought to consider, and that is the
reason I oppose this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. CASTRO of Texas. Mr. Chairman, earlier this year, DHS Secretary
John Kelly told the Congressional Hispanic Caucus that he did not
oppose requiring agents to wear body cameras, as long as Congress
provides the necessary funding. My amendment would do just that.
There are tremendous safety and accountability benefits to having
video records of law enforcement interactions with the public, both for
law enforcement officers and for the public.
I would note that a few years ago, when we debated body cameras for
law enforcement, at that time, the majority accepted my amendment to
increase body camera funding for law enforcement officers by $10
million. In fact, my hometown of San Antonio, I believe, now every
patrol officer is outfitted with a body camera.
I respect the chairman's concerns about the cost of storage, but I
would ask the chairman and my colleagues to consider the fact that the
cost of storage, this $10 million, is a small cost when we are talking
about people's lives. That could be the lives of the agents themselves
or the lives of people that they interact with in the public.
Law enforcement, by and large--putting aside CBP agents for now,
police departments across the country have accepted this technology as
not only the thing of the future, but the thing of the present, what
they are using now.
Mr. Chairman, I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chairman, I understand what my colleague
wants: the 45,000 agents that could potentially be acquiring these
cameras. Because the first thing you are going to have the first time
you go before a judge and you use one of these body cameras in one
case, the defense is going to be wanting to know why you are not using
them in every case. They are going to be setting up a defense of the
fact that the officers failed to meet their duty to preserve the
record.
So you take just 45,000 and 1 year of contacts. Granted, his $10
million isn't going to get all of those guys cameras, but you started
down the road to putting a camera on 45,000 agents. And then you have
to store everything they produce of any contact that they have for the
potential use in evidence by one or the other side in a legal
proceeding. That is what concerns me.
Joe Kelly is a good marine and a good Secretary, and I am sorry he is
not with us anymore. But the reality is, if you sat in the courtroom
and watched the preservation of evidence, you know this has the
potential, both for law enforcement and for us, to be a mushroom that
explodes in nuclear proportions. That is the only reason I raise this
issue.
I know the issues that they are trying to address, and they need to
be addressed. I am concerned about the fact that once you start down
that road, you are constitutionally required to preserve evidence, and
that will be costly. I will leave that up to our colleagues as to how
they feel about that.
Mr. Chairman, I reserve the balance of my time.
Mr. CASTRO of Texas. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Texas (Mr. Castro) has 2 minutes
remaining.
Mr. CASTRO of Texas. Mr. Chairman, again, I understand those
concerns. But just as we have cameras here, so that the public can
listen to every word that is being said in this Chamber, it is
important that when law enforcement officers, including CBP officers,
are interacting with the public--and that includes many U.S. citizens,
not just immigrants who are coming across the border or folks who are
coming across checkpoints, but United States citizens and legal
residents. And for the sake of the agents, who may also have false
accusations made against them, that is why this is important. Because
there are sometimes accusations that are made that can be rebutted by
this evidence.
The American people, just as they want this process to be
transparent, they want that process to also be transparent with as much
accountability as possible. And for the United States Congress not to
move forward with that and commit what is really a poultry sum of $10
million and show a willingness to do that, I think is ignoring what
most of the American people want.
As I mentioned before, I worked with the San Antonio Police
Department. They came to me and said: Will you help us get these body
cameras?
We put in a request for a grant. We got $1 million to cover the
officers who were on patrol. I have not heard in San Antonio a
complaint from those officers about body cameras. And studies have
shown that, as I mentioned, it has reduced the tension between law
enforcement officers and the public.
I respect the gentleman, and I understand the arguments, but I think
that, on a whole, this is a matter of transparency, accountability, and
people's lives, and we ought to do this.
Mr. Chairman, I yield back the balance of my time.
Mr. CARTER of Texas. Mr. Chairman, I only want to lay out that there
is a potential very large cost once this door is opened. That is my
opposition to this.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Castro).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CASTRO of Texas. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.

Amendment No. 74 Offered by Ms. Roybal-Allard

The Acting CHAIR. It is now in order to consider amendment No. 74
printed in part B of House Report 115-295.
Ms. ROYBAL-ALLARD. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 643, line 11, after the first dollar amount, insert
``(reduced by $849,500,000)''.
Page 643, line 15, after the dollar amount, insert
``(reduced by $849,500,000)''.
Page 647, line 2, after the first dollar amount, insert
``(increased by $849,500,000)''.
Page 647, line 6, after the dollar amount, insert
``(increased by $849,500,000)''.

The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from California (Ms. Roybal-Allard) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. ROYBAL-ALLARD. Mr. Chairman, my amendment would increase

[[Page H7078]]

funding for the Coast Guard's polar icebreaker program by $850 million.
The amendment is offset by a reduction to the funding for ICE's
interior immigration enforcement.
The increases for ICE hiring and detention beds are not well
justified and do not have a security focus. In contrast, the need for
heavy icebreakers is very well documented.
A recent report from the National Academy of Sciences warned that
``the United States has insufficient assets to protect its interests,
implement U.S. policy, execute its laws, and meet its obligations in
the Arctic and Antarctica because it lacks adequate icebreaking
capability.''
Mr. Chairman, this vulnerability exists because, currently, the Coast
Guard has only one functioning heavy icebreaker, the Polar Star. Built
in 1976, it is well past its 30-year expected operational life. It no
longer has the reliability we need, and the cost to maintain it will
continue to rise.
Currently, its primary mission is to clear a path through the ice to
our research facilities in Antarctica. This means the only icebreaking
asset we have in the Arctic is the Coast Guard's only medium class
icebreaker, the Healy.
The Polar Star is expected to continue functioning for just 3 to 7
years. This will leave the United States with no heavy icebreaking
capability.
We are dangerously falling behind. Russia has 41 icebreakers focused
on the Arctic that are active or under construction, four of which are
heavy icebreakers. This puts the United States at a tremendous
disadvantage, since we are unable to operate in parts of the Arctic
Ocean for months at a time.

{time} 0010

The National Academy of Sciences report goes on to recommend that:
``The United States Congress should fund the construction of four polar
icebreakers of common design that would be owned and operated by the
United States Coast Guard.''
Mr. Chair, the fiscal year 2017 defense funding bill included $150
million for a Coast Guard heavy icebreaker as a downpayment on what is
expected to be a nearly $1 billion price tag for the first ship.
However, the National Defense Authorization Act the House passed
earlier this year includes a provision prohibiting the Pentagon from
using any fiscal year 2018 funds to acquire an icebreaker for the Coast
Guard. An amendment to strike that provision failed on a recorded vote.
The solution is to fund the next installment of funds directly through
the Coast Guard.
While the Coast Guard plans to sign an icebreaker acquisition
contract in fiscal year 2019, it will release a request for proposal in
mid-fiscal year 2018.
By providing $850 billion in this bill, enough to cover the cost of
one icebreaker, we could help the Coast Guard get the shipbuilding
started. Just think what we could accomplish here today. With this one
amendment, we can put the United States on a path to securing our
sovereign interests in the Arctic region.
We cannot afford to delay any further. I urge my colleagues to vote
for this amendment.
Mr. Chair, I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chairman, I rise in opposition to the
amendment offered by Ms. Roybal-Allard.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. CARTER of Texas. Mr. Chair, the proposal to cut ICE funding for
enforcement of immigration laws and removal of those here illegally
will not only endanger the safety of the American people, it will also
convey to bad actors that the rule of law no longer exists in the
United States, leading to increased border crossings and a growing
overall illegal alien population.
Cutting funding for beds will lead to the release of criminal and
other removable aliens into communities across the country and weaken
the United States border security.
The hiring of additional ICE agents is needed to protect our
communities by preventing terrorism and reducing crime through the
vigorous enforcement of immigration and custom laws. Restricting this
hiring compromises ICE's law enforcement mission, jeopardizing homeland
security and public safety.
Interior immigration enforcement is indispensable to national
security and public safety. It cannot be separated from border
security. A successful border control and immigration system must be
supported by the enforcement of all pertinent laws.
Adding funds to procure another polar icebreaker, while a noble idea,
is simply not practical at this time. The Coast Guard is still in the
early stages of design and will not be ready to procure the first
icebreaker until late fiscal year 2019 at the earliest. The funds will
be unexecutable and, therefore, a waste of limited resources that we
have.
In addition, if you discuss with the border patrol about the biggest
deterrent we have, it is the threat of detention.
Mr. Chair, I ask that my colleagues join me in opposing this
amendment.
Mr. Chair, I reserve the balance of my time.
Ms. ROYBAL-ALLARD. Mr. Chairman, I just want to emphasize the fact
that my amendment still leaves ICE with enough money for 30,000
detention beds. They still have the capability to address the needs in
their duties.
I also want to emphasize the fact that although the money is not
going to go out in fiscal year 2019, the request for proposal will be
in mid-fiscal year 2018; therefore, it is critical that those who will
be bidding on these contracts know that, in fact, there is money
available.
Finally, I just need to emphasize one more time the fact that we are
extremely vulnerable in the Arctic at this time. There are times, as I
said, where we have absolutely no presence whatsoever, while at the
same time, Russia has a continuous presence in that area.
Mr. Chair, it is critical that we support this amendment and get the
Coast Guard the icebreaker that they need.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. CARTER of Texas. Mr. Chairman, I, too, agree with Ms. Roybal-
Allard for the need for an icebreaker, that is not in dispute here, but
to cut the beds to the proposed 30,000 that she said, in 2017, our
number was 39,000 and change, and we have been over that this year, so
we still have a real need for these beds, and that need, as I have
stated before, is why I oppose this amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Roybal-Allard).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. ROYBAL-ALLARD. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.

Amendment No. 75 Offered by Mr. Castro of Texas

The Acting CHAIR. It is now in order to consider amendment No. 75
printed in part B of House Report 115-295.
Mr. CASTRO of Texas. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 643, line 11, insert after the first dollar amount the
following: ``(increased by $10,000,000) (reduced by
($10,000,000)''.

[[Page H7079]]

enforcing immigration laws, and law enforcement agencies throughout the
country are quickly adopting this technology.
Body-worn cameras are widely supported, because they are important
tools that improve officer interactions with the public, deescalate
conflicts, and improve public trust in law enforcement, but this tool
is expensive, so we need to provide the resources ICE needs to get its
program up and running.
The $10 million in this amendment mirrors the amount of money I am
requesting for border patrol agent cameras.
Mr. Chair, I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chair, I rise in opposition to the amendment
offered by Mr. Castro.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. CARTER of Texas. Mr. Chair, I made the statement previously when
we discussed this that this could quickly escalate. We are escalating
again by 19,000 more people who would ultimately be required to have
cameras.
Once again, without getting into what I just talked about, this is
going to be a very costly item. We have something called chain of
custody on evidence. ICE agents deal with some very serious issues,
felony issues under Federal law. They have got a wide jurisdiction, one
of the widest jurisdictions of any agency, even wider than some like
the FBI.
So, once again, now that chain of custody on that camera, where that
camera information passes from hand to hand, has to be kept in addition
to the evidence so that if you are going to present it in court, you
can prove the chain of custody. You just enhanced and expanded the
amount of costs that it is going to take for an agent to go to trial.
I know this is a very popular idea all over the country, because it
has been very much supported by the media, but I really, in good faith,
believe that people have not considered the evidentiary problems they
are going to create for themselves by the presence of these cameras.

{time} 0020

We will find out fairly quickly as these cameras proliferate what the
cost is going to be and what the information required is going to be by
the courts. And maybe I am overanticipating, but just now, we have gone
from $44,000; we have added another $19,000, just in our agency. Now,
multiply that times every law enforcement entity in the United States
and it becomes an astronomical expense and something we need to think
about, and think about hard.
So, for those reasons, not because I don't think it is a good idea to
have congeniality between arresting officer and defendant or being able
to prove where there is abuse. I agree with all those things.
But I think you are creating a monster evidentiarywise as you go
forward with body cameras. We tried them back in the seventies, and
they very quickly found that they were not a good idea, but I guess we
will try them again.
Anyway, for those reasons, I oppose the gentleman's amendment, and I
reserve the balance of my time.
Mr. CASTRO of Texas. Again, Mr. Chairman, this is an issue,
fundamentally, of transparency and accountability; and the argument
that I hear coming from the other side is that this is an evidentiary
issue and that it is going to be too much of a hassle, so we don't want
to hear or see what is in these cameras or on this video. That cannot
be a responsible approach to law enforcement or to our judicial system.
I am asking in this amendment for $10 million. We spend more in
furniture in this Chamber, in this House of Representatives, than the
amount of money that I am requesting in this amendment. We spend more
on Member travel every year than the amount of money that I am
requesting in this amendment to make sure that both agents and the
public are safer.
Let me give you an example, one example of what body cameras recently
found in Baltimore, Maryland.
An officer was seen on camera, a body camera recorded an officer
planting drugs that he then pretended to find on a suspect. A week
later, another officer was also found to be planting evidence. Are we
saying tonight that the American people and our judicial system don't
want to see that evidence because of some storage problem?
And, by the way, technology and the cloud have made storage a lot
cheaper, so I think that information is outdated. The argument on that
side is outdated.
To vote ``no,'' to recommend against this amendment, is to say that
we are going to see no evil, hear no evil, and we are, instead, going
to let both agents who may face false accusations, as they did, I'm
sure, in the 1960s and 1970s and 1980s and 1990s, and others who were
victims of the use of force in the 1970s, we are just going to turn a
blind eye and continue that practice.
That cannot be the policy of this Congress. That is not the future of
the American judicial system and our policing system.
I reserve the balance of my time.
Mr. CARTER of Texas. Well, I certainly understand the example that
the gentleman gave about officers planting dope, and it certainly did
work.
I can tell you, in my 20 years on the bench, we have had cameras on
the dashboard of DPS troopers' cars for 10 years, 20 years maybe, I
don't know, maybe the whole time I was there. But I have seen at least
15 of those prove the guilt of the defendant by his actions in front of
those cameras. So it is not just to catch dirty cops; it also catches
people in criminal action.
By the way, the action of that officer was a criminal action so,
therefore, you have to preserve the evidence. My point is made by your
very argument. You have to preserve the evidence. If you lose the
evidence, you are going to lose the prosecution, and so you are going
to have to keep it secure. If it passes from one hand to the other
hand, it has to be tracked in a chain of custody.
If it is secure on the--there is going to have to be some evidence of
the security of whatever web or whatever it is that it is on, or the
cloud, that that is a secure cloud so that someone can't have messed
with the evidence while it is on the cloud. All of that is potential
argument against conviction in a criminal case, and those ICE agents
deal with serious criminal cases.
I don't think people have thought it out. If they have, then that is
fine. Let's spend that money. But it is going to be astronomical if we
do it for every law enforcement agent in the country.
I continue my opposition, and I reserve the balance of my time.
Mr. CASTRO of Texas. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman has 1\1/2\ minutes remaining.
Mr. CASTRO of Texas. People's lives are at stake. When we talk about
policing practices and transparency, accountability, the use of body
cameras, these things have made people safer in their communities. They
have made law enforcement safer.
The concern about what could happen or what might happen, this
technology is already being widely used among police officers and
police departments across the country. The chairman gave the example of
the Department of Public Safety using dash cams.
Dash cams have been used on law enforcement vehicles for a long time,
and that did not break the bank of the State of Texas. The State of
Texas has a $10 billion rainy day fund right now, a surplus.
$10 million, which is what this amendment requests, is a small amount
of money compared to the amount of money that we spend on furniture in
this place. Are we saying that we don't want to discover whether
somebody is planting evidence or whether somebody is making a false
accusation against an ICE agent who is just trying to do his or her
job, that, instead, we are going to turn a blind eye to that because we
would rather spend it on leather seats or Member travel or something
else?
This is the future. These cameras are going to be used at some point
by Border Patrol, by ICE, by law enforcement. As I said, law
enforcement stepped forward and requested my assistance in getting
money for body cameras in San Antonio, and so I hope that my colleagues
will find it in themselves to support this amendment.
I yield back the balance of my time.
Mr. CARTER of Texas. I continue to oppose, and I yield back the
balance of my time

[[Page H7080]]

The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Castro).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CASTRO of Texas. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.

Amendment No. 76 Offered by Mr. Correa

The Acting CHAIR. It is now in order to consider amendment No. 76
printed in part B of House Report 115-295.
Mr. CORREA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 643, line 11, after the first dollar amount, insert
``(reduced by $100,000,000)''.
Page 646, line 3, after the first dollar amount, insert
``(increased by $100,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from California (Mr. Correa) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CORREA. Mr. Chairman, I rise in support of this amendment, which
seeks to allocate $100 million to procure additional ships for our
Coast Guard to interdict drugs headed to the United States by sea.
Last year was a record-breaking year for the U.S. Coast Guard in its
fight against drug trafficking. It seized 416,000 pounds of cocaine
worth almost $6 billion. This was the result of more than 250
individual interdictions in the Caribbean, Gulf of Mexico, and eastern
Pacific Ocean.
Even with this record-breaking year, however, all of the cocaine that
was seized represents less than 10 percent of all attempted shipments;
and, of course, cocaine interdictions, cocaine shipments, are on the
rise.
I do commend the men and women of the U.S. Coast Guard for the great
work they do to stop drug trafficking to our country, yet the Coast
Guard lacks the resources to stop the known drug shipments into our
mainland.

{time} 0030

During a Homeland Security hearing this year, the U.S. Coast Guard
commandant admiral, and I paraphrase him, said: Last year there were
almost 600 events that we just did not have enough ships or enough
planes to track or stop them in the seas. The admiral said: There were
almost 600 shipments in the high seas. They knew these ships were
carrying drugs, yet we did not have the ships or the assets to stop
them.
Vice Admiral Charles Ray went further to say: We need more cutters on
the water to help us do our job.
The Coast Guard, like many other government agencies, has endured
tough budget situations over the years, and they need to replace and
add new ships to fulfill their drug interdiction mission. This $100
million would allow the Coast Guard to procure two additional fast-
response cutters.
Mr. Chair, I urge my colleagues to support my amendment, and I
reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chair, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. CARTER of Texas. Mr. Chair, once again, as I said before of the
gentlewoman's amendment cutting beds, that that will weaken the United
States' border security, and the hiring of additional ICE agents is
needed to protect our communities, prevent terrorism, reduce crime
through vigorous enforcement of immigration and customs laws.
Successful border control and immigration systems must be supported
by enforcement of pertinent laws. This bill recommends $240 million for
four fast-response cutters, the same as the amount requested. The
program is on schedule and on budget, and there is no need to
accelerate the procurement of additional ships. We have been building
those on time without flaws now for 4 years at that same rate. We are
building a lot of fast-response cutters very quickly.
We have, now, a new program for the offshore patrol cutter, which the
first of the contracts have been let, and that is in the process of
being built, and we have a projection for multiple of those cutters.
Taking away from our ability to detain people who have broken the law
is not a good resource for growing a program that is already very
robust and very effective and has put online multiple fast-response
cutters.
Mr. Chair, for those reasons, I oppose this amendment, and I reserve
the balance of my time.
Mr. CORREA. Mr. Chairman, I would say that, on the contrary, this
money, this allocation of $100 million, represents additional support
for our border security, our high seas.
Back in my district, like across the country, we have a major spike,
an increase, in drug overdoses, deaths as a result of drug overdoses.
Our children are being harmed by these drugs that are coming into our
country. Our Coast Guard, our admirals of the Coast Guard, are saying
this is where the chinks in the armor are in terms of our national
defense of our country, of our borders, the high seas. This is not
speculation; these are facts.
Ships are coming into our high seas loaded with drugs. We do not have
the assets to stop them. Nothing could be further from the truth. On
the contrary, this $100 million, an additional two ships for the Coast
Guard, represents tons and tons of drugs to be intercepted in the years
to come, billions and billions of dollars stopped before they reach our
land.
Mr. Chair, I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chair, even if this money should be moved
and the gentleman's amendment be approved, it wouldn't mean that any
more fast-response cutters would be built in this calendar year.
I am fairly certain that the commandant of the Coast Guard would say
that we have been very robust and very effective at producing fast-
response cutters, and I believe that the detention beds is a deterrent
for those coming across the border and for those violating the law as
an important part of the defense of the borders and the people of the
United States.
Therefore, I continue to oppose the amendment, and I yield back the
balance of my time.
Mr. CORREA. Mr. Chairman, again I would say that those folks that are
piloting those ships full of drugs coming into our country do not
deserve the opportunity to reach our shores. We have to stop them in
the high seas.
Just a few months ago, the Coast Guard was proposed for budget cuts.
Now they are barely--barely--keeping balance, meaning no budget cuts.
All I want to do with this amendment is give them additional resources
to stop drug shipments, known drug shipments, on the high seas before
they reach our shores.
Mr. Chair, I don't want to go back to California and say that I am
not doing everything we can do to stop those drugs from reaching our
children.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Correa).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr CORREA. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Amendment No. 77 Offered by Mr. Hunter

The Acting CHAIR. It is now in order to consider amendment No. 77
printed in part B of House Report 115-295.
Mr. HUNTER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 646, line 3, after the first dollar amount insert
``(reduced by $5,000,000)''.
Page 647, line 12, after the dollar amount insert
``(increased by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from California (Mr. Hunter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. HUNTER. Mr. Chairman, my amendment transfers $5 million from

[[Page H7081]]

the Coast Guard's Operating Expenses account to its Research,
Development, Test, and Evaluation account. The intent is to support sea
trials for a Jones Act compliant icebreaker so the Coast Guard can
determine whether a leased vessel can meet its immediate needs in
fulfilling its 11 statutory missions around the globe.
I am going to stop my diatribe here. Steve Scalise has a statement.
He is in his rehabilitation center, but he actually cared enough to
write this. I am going to speak here, and these are his words, not
mine:
``I support this amendment that will improve America's strategic,
economic, and national security interests in the Arctic. As other
countries are advancing their interests in the Arctic, the U.S.
continues to lag behind. This amendment makes clear that Congress
supports moving forward in identifying options for icebreaking
capabilities in the Arctic.
``The Coast Guard has repeatedly stated we need a fleet of
icebreakers to maintain the presence necessary in the Arctic and
Antarctic to meet and protect U.S. sovereign interests and protect life
and property at sea. Currently, the U.S. has two icebreakers--one of
which is our Nation's only heavy icebreaker and is over 40 years old.
Russia has more than 40 icebreakers, with more under construction.
``As the Arctic becomes increasingly accessible to maritime traffic,
tourism, and energy exploration, we cannot continue to defer this much-
needed capability--especially at a time when China and Russia are
increasing their presence in the Arctic, expanding their icebreaker
fleets, and encroaching over the extended U.S. continental shelf.
``I urge support for this amendment that will address this immediate
and necessary investment and protect U.S. national security
interests.''
That is from Steve Scalise. Now back to my words.
To help narrow this capability gap between America and our peer
competitors, the Coast Guard should examine the lease of icebreakers
that could be deployed in the near term.
My subcommittee has held countless hearings on this issue, and I am
convinced that a short-term lease of an existing icebreaker is one of
the best chances to ensure the Coast Guard can meet its near-term and
urgent mission objectives in the Arctic.
Mr. Chair, I urge all Members to support my amendment, and I reserve
the balance of my time.

{time} 0040

Ms. ROYBAL-ALLARD. Mr. Chair, I rise to claim the time in opposition
to the amendment.
The Acting CHAIR. The gentlewoman from California is recognized for 5
minutes.
Ms. ROYBAL-ALLARD. Mr. Chair, I oppose this amendment and so does the
Coast Guard. This is not a new issue. It has to do with a particular,
underutilized commercial anchor handling tug supply vessel, the Aiviq,
which is owned by Edison Chouest Offshore, based in Louisiana.
Over the last few years, the Coast Guard has been repeatedly pushed
to lease this vessel. The Coast Guard has repeatedly made it clear that
this vessel does not have the capability to adequately fulfill its
multimission needs in the Arctic.
The question before us is whether leasing this particular vessel for
icebreaking would be a wise use of taxpayers' dollars, and whether it
would benefit the Coast Guard more than investments in other
priorities.
The Coast Guard needs a heavy icebreaker as soon as possible, but
this is not a heavy icebreaker, or even a medium icebreaker. According
to the Coast Guard, the Aiviq is underpowered for icebreaking, making
it unsuitable for ice rescue operations.
It has an inadequate fuel storage capacity and transit speed, vastly
limiting its deployment time. The Aiviq has no helicopter hangar,
making it unsuitable for patrol activities, search and rescue
operations, and self-rescue. It also has a propulsion system that lacks
redundancy and reliability, and it does not have thrusters rated for
ice operations.
Beyond the inadequacy of the vessel's base icebreaking capabilities,
the current configuration of the vessel is not suited to Coast Guard
missions. It would need to be significantly reconfigured at significant
costs. The fact that it is a commercial vessel also limits its ability
to perform all 11 Coast Guard statutory missions.
For instance, it could not conduct right-of-visit boardings, or
engage in freedom of navigation exercises that are critical to
protecting U.S. sovereignty. And it would be vulnerable to right-of-
visit boarding by foreign warships under international law.
The owner of the Aiviq has proposed a 7-year lease of the vessel,
costing $35 million to $40 million per year. The cost, however, would
be much higher considering the cost of reconfiguration.
While this amendment would not force the Coast Guard to sign a lease
for the Aiviq, it seems intended to push the Coast Guard down that
path. Taking $5 million from the operating expenses account for sea
trials would detract from the Coast Guard's operational needs.
If the owner of the Aiviq or any other private interests want the
Coast Guard to seriously consider the use of their vessels for
icebreaking, they should be the ones paying for any ice trials. We
should not be making the Coast Guard pay for it, and we should not be
pushing the Coast Guard to enter into a lease arrangement that it does
not want and that is not a good investment in helping the Coast Guard
carry out its critical missions.
Mr. Chair, I yield back the balance of my time.
Mr. HUNTER. Mr. Chair, how much time is remaining?
The Acting CHAIR. The gentleman from California has 3 minutes
remaining.
Mr. HUNTER. Mr. Chair, I yield such time as he may consume to the
gentleman from Texas (Mr. Carter), the chairman.
Mr. CARTER of Texas. Mr. Chairman, I have some concerns regarding
this amendment. However, I agree there is a gap in our Nation's
icebreaking capability, and I strongly support the Coast Guard's
icebreaking program. For that reason, I will not oppose this amendment.
Mr. HUNTER. Mr. Chair, I thank the gentleman from Texas. The
gentlewoman brought up some points about a ship, which I didn't name.
The Coast Guard hasn't built an icebreaker in almost 50 years. We
only have one. There is only one Jones Act ship in the entire country.
It is the Aiviq, but there is only one. All we say here is that it has
to got to be an American-made ship. That is what the Jones Act is.
If we are going to build an icebreaker with U.S. taxpayer dollars, we
are going to use an American-made, and American-crewed, and American-
steel ship.
Mr. Garamendi, the ranking member on my subcommittee, has voted for
amendments like this in the past, and he supports amendments like this
going forward. Anything that puts Americans to work, that gives us more
than the one icebreaker that works for 6 months out of the year, this
is a step in that direction.
This is simply for sea trials. This is so that the Coast Guard,
because they haven't made an icebreaker in 50 years, they can take one
out besides the Healy, which is a medium icebreaker that they operate
and ask: Hey, what do we need here? Do we need to expand the bow,
expand the stern? How could we make this what we want?
That is all we are doing here, and it is $5 million.
This is a step in the right direction. Otherwise, we are never going
to have an icebreaker. We are not going to be able to compete in the
Arctic. It will be energy exploration for Russia and China, and not us
because we are not going to be there unless we start right now in this
appropriations bill.
Mr. Chair, I urge my colleagues to support my amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Hunter).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. ROYBAL-ALLARD. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Amendment No. 78 Offered by Mrs. Torres

The Acting CHAIR. It is now in order to consider amendment No. 78
printed in part B of House Report 115-295.

[[Page H7082]]

Mrs. TORRES. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 653, strike line 14 and all that follows through line
19.

The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from California (Mrs. Torres) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Mrs. TORRES. Mr. Chairman, I rise to offer my amendment to Division E
of the Make America Secure and Prosperous Appropriations Act.
Immigrant families in my district and across this country are
terrified. They are afraid because of the things that President Trump
has said and because of the policies that he has proposed.
President Trump has been clear about who he thinks immigrants are. He
thinks immigrants are lazy. He thinks immigrants are unskilled. He
thinks immigrants are dangerous criminals.
Just yesterday, he ended the DACA program, crushing the dreams of
800,000 talented and courageous young Americans.
He has promised to triple the number of ICE agents to build a
deportation force to go into immigrant communities. Under President
Obama, ICE was told to focus on detaining and deporting dangerous
criminals. But President Trump has told ICE they should go after
whomever they can find.
Now, every immigrant without papers is a target, young and old. This
is why immigrants are so afraid. Democrats in Congress have been united
in standing up against President Trump in his war on American
immigrants. We have blocked money for the wall and for his deportation
force. But we also need to put some healthy constraints on President
Trump's Department of Homeland Security.
My amendment will strike section 209 of Division E, which grants the
Secretary of Homeland Security authority to reprogram or transfer funds
for the purpose of detaining immigrants prioritized for removal.
President Trump has made his intentions very clear. He wants to
deport every one of the 11 million undocumented immigrants in this
country no matter what those consequences may be.
With this bill as it is currently written, there is almost no limit
how far he can go. Congress must stand up and make clear where we
stand.
Mr. Chair, I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chair, I rise in opposition to the amendment
offered by Mrs. Torres.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. CARTER of Texas. Mr. Chair, estimating the required number of
operations and detention beds is not exact science. This reprogramming
a party is essential to be able to deal with emergent and critical
operation needs, like surges we have seen in 2014 and 2016.
Without sufficient funding for beds, ICE will be forced to release
criminal and other illegal aliens into communities across the country
and weaken the security of the United States. The proposal to restrict
ICE's ability to reprogram funding for detention beds would not only
endanger the safety of the American people, but it will also convey to
bad actors that the United States will not detain illegal aliens,
leading to increased border crossings and growing overall illegal alien
operations in the United States.
Therefore, I oppose this amendment and ask my colleagues to do the
same.
Mr. Chairman, I reserve the balance of my time.
Mrs. TORRES. Mr. Chairman, I appreciate the gentleman's concern for
public safety. The reality is that this administration has kept
Congress in the dark about immigration policy.

____________________