[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[House]
[Pages 9750-9758]
[From the U.S. Government Publishing Office, www.gpo.gov]




   PROVIDING FOR CONSIDERATION OF H.R. 5441, DEPARTMENT OF HOMELAND 
                   SECURITY APPROPRIATIONS ACT, 2007

  Mr. SESSIONS. Madam Speaker, by direction of the Committee on Rules, 
I call up House Resolution 836 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 836

       Resolved,  That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 5441) making appropriations for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2007, and for other purposes. The first reading of the bill 
     shall be dispensed with. All points of order against 
     consideration of the bill are waived. General debate shall be 
     confined to the bill and shall not exceed one hour equally 
     divided and controlled

[[Page 9751]]

     by the chairman and ranking minority member of the Committee 
     on Appropriations. After general debate the bill shall be 
     considered for amendment under the five-minute rule. Points 
     of order against provisions in the bill for failure to comply 
     with clause 2 of rule XXI are waived except: beginning with 
     the comma on page 38, line 11 through ``funds'' on line 14; 
     section 512; beginning with ``or'' on page 54, line 12 
     through ``appropriation'' on line 13; and section 536. Where 
     points of order are waived against part of a paragraph or 
     section, points of order against a provision in another part 
     of such paragraph or section may be made only against such 
     provision and not against the entire paragraph or section. 
     During consideration of the bill for amendment, the Chairman 
     of the Committee of the Whole may accord priority in 
     recognition on the basis of whether the Member offering an 
     amendment has caused it to be printed in the portion of the 
     Congressional Record designated for that purpose in clause 8 
     of rule XVIII. Amendments so printed shall be considered as 
     read. When the committee rises and reports the bill back to 
     the House with a recommendation that the bill do pass, the 
     previous question shall be considered as ordered on the bill 
     and amendments thereto to final passage without intervening 
     motion except one motion to recommit with or without 
     instructions.

                              {time}  1400

  The SPEAKER pro tempore. The gentleman from Texas (Mr. Sessions) is 
recognized for 1 hour.
  Mr. SESSIONS. Madam Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentlewoman, my friend from New York 
(Ms. Slaughter), pending which I yield myself such time as I may 
consume. During consideration of this resolution, all time is yielded 
for the purpose of debate only.
  Madam Speaker, the resolution before us today is a fair and 
completely open rule that provides 1 hour of general debate equally 
divided and controlled by the chairman and ranking minority member of 
the Committee on Appropriations.
  It waives all points of order against consideration of the bill and 
provides under the rules of the House that the bill shall be read for 
amendment by paragraph. The rule waives points of order against 
provisions in the bill for failure to comply with clause 2 of rule XXI, 
except as specified in the resolution. It authorizes the Chair to 
accord priority in recognition to Members who have preprinted their 
amendments in the Congressional Record.
  Finally, as always, the rule provides the minority with one motion to 
recommit the legislation with or without instructions.
  Madam Speaker, I rise today in support of this rule and the 
underlying legislation. This bill sponsored by my friend from Kentucky, 
the chairman of the Appropriations Subcommittee on Homeland Security, 
Mr. Rogers, provides the funding needed to help secure our Nation's 
borders and revitalize immigration enforcement, enhance port security, 
support our first responders and empower them to effectively deal with 
disasters while also providing the fiscal discipline and oversight 
needed to ensure the Department is accomplishing its mission as 
effectively and efficiently as possible.
  This legislation provides for a total of over $32 billion for the 
critical domestic and defense activities of the Department of Homeland 
Security. This funding is balanced along with an array of Federal 
programs that will ensure our Nation against terrorist attacks, 
including critical antiterrorism and border security activities, as 
well as emerging threats like nuclear detection and enhanced port 
container and cargo security.
  This legislation provides nearly $20 billion for immigration 
enforcement and border security, including over $2.3 billion for border 
security, which will add 1,200 new Border Patrol agents for a total of 
13,500 agents authorized as overall agents.
  Over $4 billion for immigration and customs enforcement, which will 
add 1,212 new officers for a total of 11,500 overall agents. And $115 
million for border security technology and tactical infrastructure.
  Additionally, this bill allocates increased funding for Customs and 
Border Patrol air interdiction operations, maintenance and procurement. 
Last year the Department consolidated the Office of Border Patrol Air 
and Marine Assets with the Office of Air and Marine Operations in the 
newly formed CBP Air.
  In 2004 and again last year, in 2005, I visited San Angelo, Texas, to 
witness firsthand how our air assets were being used to secure our 
southern borders and to prevent illegal drugs from entering this 
country.
  Since then, I have strongly supported the balanced multimission AMO 
strategy of pushing out the border to combat illegal immigration, 
narcotics trafficking and smuggling of other illegal cargoes. I believe 
that a vigorous coordinated Department of Homeland Security air program 
is essential to our national security, and I continue to work closely 
with our Members, including Marcia Blackburn, Chairman Rogers, Chairman 
Peter King, Chairman Mark Souder, John Sweeney and others to ensure 
that multi-mission strategy be maintained.
  It is interesting to note that this agency has taken the plan that 
they have initiated and are bringing it forward at this time to make 
sure that this Congress is aware of what their new strategy is as a 
result of this realignment. I applaud CBP Air's efforts to achieve 
greater operation and cost efficiencies; however, a multi-mission CBP 
Air is vital to a comprehensive border security strategy.
  I am very pleased that this legislation details that this 
expectation, that while CBP Air continues to secure our border, this 
important function cannot come at the expense of other critical 
Homeland Security missions, and I will continue to work with Chairman 
Rogers to ensure that CBP Air follows through with the committee's 
recommendations.
  Aside from these important border security and immigration 
enforcement functions, this legislation also addresses many other 
integral national security functions building upon the successes of 
recently passed legislation, this legislation provides funding over 
last year's level to secure our ports and in-bound cargo to prevent 
terrorists and criminals from exploiting the international commerce 
system.
  It provides funding for Coast Guard port and water way security 
operations; funding for CBP Air cargo inspection and trade operations 
needed to implement the House's recently passed port security 
legislation; the funding needed to double the amount of cargo currently 
inspected; screening 100 percent of cargo through the Automated 
Targeting System; and to establish minimum security standards for cargo 
containers
  Chairman Hal Rogers has addressed these needs for our first 
responders by providing over $3 billion to ensure their readiness. 
Since September 11, including the funds in this bill almost $37.5 
billion has been provided to first responders for terrorism prevention 
and preparedness, law enforcement fire fighter assistance, airport 
security, sea port security and public health preparedness.
  Finally, this legislation provides the oversight and Congressional 
guidance that the Department of Homeland Security needs to accomplish 
its mission effectively in areas such as port and container security, 
border security and immigration enforcement, first responder grants, 
air cargo and transportation security and disaster management 
preparation.
  Chairman Rogers has included provisions to withhold funds to ensure 
that the Department of Homeland Security complies with these 
Congressional dictates and direction. I want to commend Chairman Rogers 
and others on his committee, including Zack Wamp, Tom Latham, Jo Ann 
Emerson, John Sweeney, Jim Kolbe, Ernest Istook, Ander Crenshaw, John 
Carter and Tom DeLay for their hard work and for working with me in the 
preparation of this important bill as we bring this bill to the floor.
  Madam Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, there is a difference between real security and 
rhetorical security. Today it is easy to see which one the Congress is 
committed to. We

[[Page 9752]]

received what was perhaps the greatest wake-up call in the Nation's 
history on September 11, 2001.
  And the failure of our national security personnel on that day should 
have been the catalyst for an unprecedented strengthening of our 
system. But in ways that mattered most, it did not happen. In more than 
4 years, this Congress has failed to properly fund the Nation's first 
responders in spite of their historic and heroic performance on that 
terrible day.
  In fact, the year's funding levels are $100 million less than last 
year's. In 4 years, Congress has also failed to secure the Nation's 
chemical plants. Over 300 plants nationwide, each with a capacity to 
kill 50,000 or more people if they were attacked, are left with 
security un-upgraded.
  What many experts consider the single greatest vulnerability to our 
security today, our ports, has not been addressed; 5 years after 9/11, 
95 percent of cargo can containers that pass through our ports are 
never inspected in any way. And after all we have heard lately about 
border security, the Congress has refused to pay for the border agents 
or detention facilities needed to enforce the immigration laws that we 
pass.
  Madam Speaker, while I speak of the failings of Congress to invest in 
real security for our people, it is critical to remember which party 
has been in charge since 2001. Since that time, Democrats have tried 
again and again to get our Republican colleagues to back up their words 
with actions.
  We have authored numerous amendments to increase funding for critical 
and essential national security programs. This year we presented an 
amendment to provide an additional $3.5 billion for border, port 
aviation and disaster preparedness programs. And I understand that for 
$1.5 billion, we could give every port on earth the ability to check 
cargo.
  The Democrats wanted to pass funding that would support 1,800 new 
Border Patrol agents, more than the 800 more immigration investigators 
and 9,000 new detention beds. We authored legislation to fund 500 new 
radiation monitors to inspect cargo and increase funding for public 
transportation by two-thirds.
  And it was a Democratic bill that would have given our first 
responders $600 million more with which to protect themselves as 
citizens of the country. All of these amendments were rejected by 
Republican-controlled committees.
  Now, at the same time, the actions of government agencies that we 
trust to defend us raise serious questions about their competency and 
compassion to protect this Nation. And I must talk about what they have 
done over in Homeland Security in regard to the Shirlington Limousine 
contract.
  As you know, 2 years ago, they were given an unbid contract of $3.5 
million to chauffeur around people who work for DHS in Washington, 
despite the fact that, I am certain, they have fleets of cars, as every 
other agency does, and how cheap it would have been for them to take a 
taxi. But that was not enough.
  A year later, they awarded a $21 million contract to the same 
company, bid this time. They were not the low bidder, but they did get 
the contract. Now let me tell you that if the first responders and the 
officials up in my part of the country can get their hands on $21 
million to fortify the borders, they would do it in a New York minute.
  Shirlington, when it was given these contracts, was nearly bankrupt. 
It had recently been fired by a local university for poor performance, 
and its president is a convicted felon. No background checks of any 
kind were done by the Department of Homeland Security.
  Now, the company is now involved in an ongoing Federal investigation, 
along with several unnamed Members of this body, which has so far 
revealed that it may have literally provided the vehicles by which an 
illegal influence peddling ring operated.
  I have submitted a resolution of inquiry to the Homeland Security 
Committee which would compel DHS to turn over all documents related to 
the awarding of their contract to Shirlington. No hearing has been 
held; basically no questions have been raised.
  After all, the American people have a right to know how a corrupt and 
dubious company received a huge contract with our Homeland Security 
money and who, if anyone, interceded on its behalf. It takes the 
wonderment of Alice in Wonderland believing six impossible things 
before breakfast to believe that someone in that agency did not grease 
the skids for that company.
  But DHS has so far refused our requests for information. We do not 
even have a response. And the Republican Congress refused to force them 
to turn over that information, and I want to know why.
  Nor is this the only way in which DHS, the supposed cure for the 
problems that permitted September 11 to take place, has yet to prove 
itself to be a valuable agency. Frankly, its value is very dubious.
  My constituents in the northern United States have experienced such a 
reality first hand. In January 2008, Homeland Security and the State 
Department intend to introduce new forms of border identification for 
northern residents as part of the Western Hemisphere Travel Initiative. 
The plan itself is deeply flawed. It will result in a dramatic 
reduction in cross border travel and trade and one that will cost the 
national economies of the United States and Canada billions of dollars 
every year.
  And at a recent meeting that we had with members of the Canadian 
parliament, they asked the question that is very pertinent: What does 
Canada do with the citizens of the United States who have gone to 
Canada and do not have a passport to allow themselves to come home?
  Is the Canadian government expected to take all of these American 
citizens into custody and to hold them? On what grounds? And to what 
end? I suggested at the Rules Committee that maybe we could send the 
Shirlington Limousine up to Canada and bring them home.
  But what is worse, it faces opposition, not just from outside the 
government but within it as well. Just yesterday, the DHS privacy 
office released a draft report stating that elements of the plan raised 
both security and privacy concerns.

                              {time}  1415

  The GAO will soon report that both DHS and State are nowhere near 
being able to implement the plan by their January 2008 deadline. In 
fact, what is really astonishing is there is not a dime in this bill 
concerning WHTI, anything for infrastructure, anything that they plan 
to spend money on, which says to me that DHS knows itself that they are 
not ever going to be able to do this.
  When we step back and take all of these things together, we know what 
is occurring in Washington. Despite all of its pledges and promises, 
the Republican-led Congress has failed to make us safer. It has not 
spent the money needed to improve the vulnerable parts of our national 
security system, but wastes it on limousine service. Its own agencies 
have proven incapable of coordinating their activities or implementing 
new security plans. And the corruption of Congress has seeped into and 
affected some of those we count on to protect us, all under the nose of 
a House entirely uninterested in any kind of oversight.
  Madam Speaker, the American people have had enough of these 
priorities of agencies that this government presides over. They know 
the difference between real security that the Democratic Party is 
offering and unfulfilled promises of the majority party. They deserve a 
leadership that shares their priorities, that will not break its own 
promises. They deserve a change.
  Madam Speaker, I reserve the balance of my time.
  Mr. SESSIONS. Madam Speaker, this Congress I think has done a great 
job under the leadership of not only Hal Rogers but also Chairman Peter 
King in making sure that we are involved in a collaborative effort with 
the administration. There have been a number of things that we have 
seen differently than the administration, but there are a huge number 
of areas that we have

[[Page 9753]]

worked together with this administration.
  I am very proud of the leadership of this House on a bipartisan basis 
to address the issues, whether it is dealing with ports, whether it is 
dealing with our borders, or whether it is dealing with the individual 
processes that take place in trying to make sure that this Department 
runs on a better basis.
  It is a big task that was undertaken by Homeland Security. It was a 
big task undertaken a couple of years ago. We know, all of us Members 
of Congress, that not everything has gone right. That is why we are 
doing this bill today. We are trying to make sure that we are 
addressing those things which have not worked as well, but we are also 
perhaps more importantly trying to put things into a perspective of 
funding those activities that we think that are important, providing 
the necessary money but with a strong sense of oversight to make sure 
this administration understands that while we are giving this money to 
them on behalf of the taxpayer, they accept it knowing that they have a 
duty and a responsibility, that we have a collaborative effort.
  So I am proud of our oversight. I am proud of the things we are doing 
and working on a bipartisan basis on homeland security, and I am proud 
of what this bill is all about.
  A prime example I will give you is a man, Mike Conaway from Midland, 
Texas. Congressman Conaway has within his congressional district 
something I spoke about earlier, CBP Air, Customs and Border Protection 
Air. They are responsible for air interdiction programs. Congressman 
Conaway has been intimately involved in working with them to make sure 
that they have the necessary resources for looking over the horizon of 
those planes and other activities that may be associated with drugs 
coming into this country.
  He has taken it by himself as a lead because it was an area within 
his congressional district, to make sure that he listened to the men 
and women, to pat them on the back in San Angelo, Texas, for the hard 
work they have done, to make sure the coordination and talking with 
them about the expectation of this Congress and the American people was 
done.
  So I am pleased and can stand here before you today, Madam Speaker, 
to say this bill is important. This bill is a collaborative effort. 
This bill is bipartisan. This bill is something that many, many Members 
have had a huge part of working on and making sure that we are doing 
those things that prepare this country and continue to keep us 
prepared. But more importantly, we have had to put them in a priority 
basis. That is what this document is all about.
  We will continue to work with this administration to make sure that 
homeland security is something that works for the security of this 
country.
  Madam Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Madam Speaker, I yield 3 minutes to the gentlewoman 
from California (Ms. Matsui).
  Ms. MATSUI. Madam Speaker, I thank the gentlewoman from New York for 
yielding me time.
  Madam Speaker, the security of our Nation is this institution's 
highest priority. Therefore, I was pleased to see that overall funding 
for homeland security was increased. This includes an increase for our 
security efforts at our ports, borders, critical infrastructure, and 
all modes of transportation. There is also increased funding for our 
brave State and local first responders.
  This bill, however, still falls short because it is controlled by 
limited resources rather than need. The allocation isn't high enough; 
and, therefore, our security is compromised as a result.
  For example, the Law Enforcement Terrorism Prevention Program grants 
which are very important to local police response capabilities. These 
are funds my own hometown of Sacramento has received and used for 
things like information analysis. Unfortunately, the administration 
zeroed out its funding. Wisely, the committee recognized the value of 
this program and restored its funds. But to do so they had to move 
funds from the Urban Area Security Initiative grant known as UASI, to 
the Law Enforcement Terrorism Prevention Program grant.
  In Sacramento, UASI funding has proven vital. Funds have been spent 
on such items such as gas mask filters, first responder training and 
communication equipment upgrades; but earlier this year, the guidelines 
changed. Sacramento, along with a number of other cities, was deemed 
ineligible to apply. Yet in all of my meetings and letters with DHS and 
the White House, the only plausible explanation I walked away with is 
that budgetary constraints necessitated this change.
  Both of these programs provide critical resources to our communities, 
but to ensure preparedness we are left robbing Peter to pay Paul. DHS's 
core mission is to secure the safety of Americans. It is Congress's 
responsibility to ensure that their efforts are adequately funded. 
However, Democratic attempts to boost funding by $3.5 billion for 
border security, port security, aviation security, first responders, 
and disaster preparedness were defeated.
  I have an obligation to ensure that we are meeting our national 
security needs and a responsibility to my constituents. I am glad that 
this bill does increase funding. I hope that will continue to address 
all of our security funding needs.
  Mr. SESSIONS. Madam Speaker, I thank the gentlewoman from the Rules 
Committee from California for her words. I do understand that many 
people on her side of the aisle want to spend more money. That is a 
natural tendency: spend more money. Make sure my district is protected. 
Give money to me. Make sure all of these things are taken care of back 
home. And I share that same concern. I share that concern because we 
really do see need around our community.
  However, with that said, there had to be decisions made that were on 
a priority basis. And we have learned a lot over the last few years 
about where the threats are and how money can and must be spent more 
efficiently and effectively.
  I want the gentlewoman to know that I do believe that her attempts to 
secure money for her first responders are big needs back where she is 
from, but there are 435 of us who see it that same way also about the 
needs of our districts. And that is why this committee has worked very 
carefully with the authorizing committee to make sure that the money 
that we spend is on a need basis based upon the threats of this 
country.
  So I admire the gentlewoman, Ms. Matsui, for her comments. I want her 
to know that it is a continuing process, and we will learn things as we 
move forward, and this bill is necessary for us to prioritize. That is 
what the Republican majority needed to do in this bill, and that is 
what we have done. And then along the way we have said ``no'' to a lot 
of our own Members also based upon the priority that is necessary to 
ensure the security and the safety of the entire Nation.
  Madam Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Madam Speaker, I yield myself 30 seconds to say that 
it is not that we want to spend more money. We really question the way 
money is spent, and we really believe that $21 million to drive people 
around town is an absurd expense for an agency that is responsible for 
our safety.
  Madam Speaker, I yield 4 minutes to the gentleman from Minnesota (Mr. 
Sabo).
  Mr. SABO. Madam Speaker, I thank the gentlewoman for yielding me 
time.
  Madam Speaker, I commend the Rules Committee for producing a rule 
that is much improved over last year, with one big exception. I am very 
disappointed that this rule fails to protect section 536, chemical 
security provisions, which I added to the bill in the Appropriations 
Committee.
  Nearly 5 years after 9/11, the vast majority of chemical facilities 
in this country are not properly secured. They are prime targets for a 
catastrophic terrorist attack. Yet there is precious little being done 
to protect them. The administration acknowledges this problem, but says 
it cannot act without new legal authority to make and enforce chemical 
security regulations.

[[Page 9754]]

  The Congress for more than four years has failed to act. Competing 
legislation in the House and the Senate authorizing committees has gone 
nowhere. What are we waiting for? Section 536 would end the stalemate. 
These provisions would give DHS the legal authority that Secretary 
Chertoff says he needs to regulate security at U.S. chemical facilities 
that pose the greatest risk to Americans.
  In 2002, Congress addressed a small part of the chemical security 
problem. I see Congressman Young on the floor and I congratulate him 
because the security requirements of chemical facilities on ports under 
the Maritime Transportation Security Act and the Coast Guard are doing 
a good job of enforcing them.
  Under the Bioterrorism Act of 2002, the EPA also oversees security at 
the Nation's drinking water facilities. The problem is there are 
thousands of other chemical plants and storage facility without Federal 
security standards or oversight. An attack on one of them has the 
potential to kill or injure tens of thousands of people.
  DHS has said that 20 percent of the 3,400 chemical facilities it 
identifies as ``high risk'' adhere to no security guidelines. If 
section 536 is stricken from this bill, Congress will appear content to 
leave security at these facilities to the conscience of their 
operators.
  To my friends who would strike 536, I say, what do we have to lose by 
keeping this language in the bill? If before the end of this Congress 
the authorizing committees can act and the President signs chemical 
security legislation into law, then section 536 will be unnecessary. 
However, I have my doubts that will happen.
  If section 536 is struck from this bill, I suspect that another 
Congress will adjourn without acting on chemical security. And then 
where will we be? We will go another year without security requirements 
at the Nation's highest-risk chemical sites. The American people waited 
too long for Congress to take responsible action to prevent a 
catastrophic attack on a chemical facility. I urge my colleagues to 
refrain from making a point of order against the chemical security 
provisions in this bill.
  Mr. SESSIONS. Madam Speaker, I do appreciate and respect the 
gentleman who will be retiring this year, Mr. Sabo, who appeared in the 
Rules Committee yesterday to provide not only feedback related to this 
bill and his thoughts and ideas but also to recommend additional points 
of consideration.
  The gentleman has once again appeared on the floor of the House. The 
gentleman is aware that this would be the equivalent of legislating on 
appropriations. And thus the gentleman, Mr. King, chairman of the 
Homeland Security Committee, has sent a letter to Chairman Dreier, the 
chairman of the Rules Committee, indicating that he preferred that this 
section 536 not be included within the rule or protected as a result of 
the committee deciding that it will have comprehensive hearings on this 
matter to develop legislation rather than what Mr. Sabo's legislation 
tends to do, but rather comprehensive, overall way to look at these 
high-security risks as it relates to these facilities.

                               Committee on Homeland Security,

                                     Washington, DC, May 23, 2006.
     Hon. David Dreier,
     Chairman, Committee on Rules,
     House of Representatives, Washington, DC.
       Dear Chairman Dreier: The Committee on Appropriations 
     recently ordered H.R. 5441, the Homeland Security 
     Appropriations Act for Fiscal Year 2007, reported to the 
     House. This measure contains a number of provisions that 
     violate House rule XXI, clause 2, which prohibits legislation 
     in a general appropriation bill. Included below is an 
     explanation of a legislative provision within the primary 
     jurisdiction of the Committee on Homeland Security that 
     appears in the Bill, and I respectfully request that you not 
     protect this provision from points of order on the Floor.
       Section 536 (page 62, lines 1-17), adopted as an amendment 
     offered by Congressman Martin Sabo at Full Committee markup, 
     requires the Department of Homeland Security to issue 
     security requirements for chemical facilities that the 
     Department deems to have the highest risk within six months 
     of enactment of the bill. The Committee on Homeland Security 
     is actively engaged in developing comprehensive legislation 
     to address the issue of chemical site security, and the Sabo 
     Amendment would undermine the Committee's efforts to provide 
     common-sense, risk-based solutions to this problem.
       If you have questions regarding this request, please do not 
     hesitate to contact me. Thank you for your consideration.
           Sincerely,
                                                    Peter T. King,
                                                         Chairman.

                              {time}  1430

  Madam Speaker, I yield 6 minutes to the gentleman from Georgia (Mr. 
Kingston), the vice chairman of the Republican Conference.
  Mr. KINGSTON. I thank Mr. Sessions for yielding to me, and, Madam 
Speaker, I wanted to talk about two elements of this bill that I hope 
we will have a chance to vote on, and I hope they will be ruled germane 
to the bill.
  One of them is the Nathan Deal amendment that has to do with 
birthright citizenship: 122 countries right now do not allow birthright 
citizenship. Only 36 do, and many of those countries have the advantage 
of no one wants to go into their country and migrate there.
  But the policy in America is so liberal now that if you are flying 
over America in an airplane, regardless of your destination or your 
origination, if that plane crosses the south tip of Florida and you are 
born, you become an American citizen, and as an American citizen, as an 
anchor baby, you can turn around and petition to have the rest of your 
family come into the country, and you are given a higher priority.
  The Center for Immigration Studies estimates that 42 percent of 
births to immigrants are to illegal aliens. The birth of illegal aliens 
right now accounts for one out of every 10 births in the United States 
of America. Depending on who you talk to, the cost of this may be as 
high as $10 billion a year to American taxpayers.
  We know in the State of Georgia that we spend $58 million a year on 
emergency medical services for illegal aliens. No one is arguing about 
spending that on emergency medical costs right now. We are saying, 
okay, with that, but what we are saying is, you should not become an 
American citizen just because your mama broke the law to get here and 
have you born. We want to give you the medical costs but not everything 
else.
  What the Deal amendment does is it does away with birthright 
citizenship in the United States of America. It is a bill that has a 
lot of cosponsors. I believe it is a bipartisan bill, and we want to 
attach it to the homeland security bill as we see a runaway, broken 
down immigration policy part of our national security picture.
  Indeed, many of the immigrants who are coming over from Mexico, legal 
and illegal, are, in fact, non-Mexican citizens, and in many cases, 
they are caught and released into the country with hopes that they may 
or may not come back. I guess they may come back, but many times, they 
do not.
  That is why I am standing in support of the Deal amendment.
  I also have an amendment that I have offered, and what my amendment 
does is it is a payment limitation amendment because our own Border 
Patrol apparently is tipping off the Mexican government as to where 
Minutemen are on the Mexico-United States border.
  Currently, we have 7,000 volunteers in the Minutemen organization. I 
say volunteers. These are unpaid people who are so outraged with the 
runaway illegal immigration problem that they have set up posts along 
the southwest border to help the Border Patrol and the local law 
enforcement agencies to tell them where the people are coming in and 
who is coming in.
  I invite all Members of Congress to go to the southwest border 
sometime this summer and take a look at how outrageous and how out of 
control this problem is.
  But despite the good work of the Minutemen organization, we find that 
our own Border Patrol now has a policy of tipping off the Mexican 
government so that they can inform these illegal aliens, these 
lawbreakers, as to where the lawful American citizens are located.

[[Page 9755]]

  What our amendment does is says that none of our money appropriated 
in this bill can be spent to tip off people who are breaking the law as 
to where law-abiding citizens are who are trying to help border 
security; do not tip them off.
  The Minutemen is one of these kind of politically incorrect 
organizations which the eastern Washingtonian, big government 
establishment likes to pooh-pooh, put down as being a bunch of country 
rednecks who are reactionaries who really just want to shoot people 
coming over the border. That is absolutely not the case. They are 7,000 
volunteers who are good, hardworking American taxpaying citizens, who 
are really trying to help out and help preserve the security of the 
country they love, and for our own Border Patrol to be undermining 
them, when the Border Patrol is not doing sufficient work to begin 
with, is counterproductive.
  So I hope that our amendment is in order and that we do get an 
overwhelming bipartisan support on it.
  Mr. SESSIONS. Madam Speaker, we reserve the balance of our time.
  Ms. SLAUGHTER. Madam Speaker, I yield 5 minutes to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Madam Speaker, I thank the gentlewoman for the time.
  Madam Speaker, we have a bill here with which I cannot argue in terms 
of the allocation of resources within the total dollar amount assigned 
to the subcommittee, but I can argue with the overall total because I 
think, despite the fact that the chairman and ranking member have tried 
as hard as possible to put money where you will get the biggest bang 
for a buck, the fact is, we do not have enough bucks in here to get 
enough of a bang to really protect the country.
  We tried to do something about that in committee, and I would like to 
describe what some of the provisions were that we wanted to change.
  We essentially tried to add $3.5 billion in committee for key 
Homeland Security actions, border protection, harbor protection, port 
protection and all the rest, and we did it in a fiscally responsible 
way, because what we suggested was that we simply reduce the amount of 
the tax cut for persons making over $1 million a year by about $10,000, 
which would mean that those persons making $1 million, instead of 
getting on average a $114,000 tax cut this year, would only get a 
$104,000 tax cut. The poor devils just would have to scrape along on 
that amount. I think the country needs added homeland security, much 
more than millionaires need a supersized tax cut.
  Let me tell you what some of the items were that we would fund with 
that money. We wanted to add 1,800 additional Border Patrol agents, and 
we wanted to add 9,000 additional detention beds. We wanted to provide 
increased funding to meet all of the Intelligence Reform Act mandates 
for increased Border Patrol agents, increased immigration investigators 
and increased detention bed spaces.
  We also wanted to increase our border detention capabilities, and we 
wanted to provide for additional air patrol and operating hours and cut 
in half the number of unfunded radiation portal monitors. We also 
wanted to replace older Border Patrol vehicles and expand border 
facilities.
  We wanted to provide additional funding for Customs and Border 
Protection and the Coast Guard to expand the number of overseas ports 
that are monitored. We wanted to provide for an updating of flood maps 
in critical high-risk areas, and so on and so on.
  I know there are those in this House on the majority side who say, 
you should not try to link taxes with spending; those are two separate 
issues. The fact is that every dollar of tax cuts provided, in tax cuts 
that the Congress passed just 2 weeks ago, comes at the expense of 
programs like this, programs to strengthen border security, whether it 
is on the Mexican or the Canadian border, programs to strengthen our 
ability of local law enforcement officials to have interoperable 
equipment so that they are speaking to each other on the same 
frequency.
  I think while a good many Members of this chamber do not like the 
fact that we keep dredging this up, the fact is, this is the most 
important priority choice the Congress will make. I really do not 
believe that the average taxpayer thinks that we should accept less 
effective immigration enforcement, less effective border control in 
order to provide another supersized tax cut for people who are already 
the most well-off people in this society.
  I think the country as a whole would be far more strengthened by some 
of the items that we have talked about here than they would be by such 
tax cuts, and that is why I will be voting against the previous 
question on the rule and the rule itself in order to protest the fact 
that we are not able to actually vote on these specific tradeoffs.
  The Budget Act was meant to force Congress to make tradeoffs between 
spending and revenues. In fact, the way the Budget Act is being managed 
by the leadership of this House, those tradeoffs are being avoided. We 
should not do that in what is supposed to be the greatest deliberative 
legislative body in the world.
  Mr. SESSIONS. Madam Speaker, I respect and appreciate the gentleman 
from Wisconsin for coming to the floor. Just as he did yesterday in the 
Rules Committee, he asked for us to spend more money, told us about 
priorities that were not funded properly, wants to get the money by 
raising taxes, wants to make sure that we know that the priorities 
should be done differently, and that I respect.
  It is no surprise to anybody that the Democrat party sees things 
differently than we do about how you focus on the priorities of this 
Nation to ensure our security and our safety. I am worried about their 
plan. I have worried about their plan because I know that what they 
want to do is raise taxes. I know what they want to do; they want to 
spend more money.
  Yet, I have only been in this House for some 10 years, and I 
remember, year after year after year, all they did was take money from 
the Border Patrol. Year after year after year, they took money from the 
CIA. Year after year after year, they took money out of the military. 
Then, all of a sudden, there are problems; they want to know, golly, 
why can we not get more money to fund the priorities of this Nation?
  We are trying to balance what we are doing. I will confess to you 
that I am not as happy about how much money we are spending or not 
spending also, but we are trying to move things through on a process 
basis. That is where Hal Rogers and Pete King, the chairmen of these 
Republican committees, are doing a good job to balance that money that 
is available within the parameters of the budget assignment that has 
been given to this Congress.
  So we are going to keep doing it, and we are going to keep 
struggling, and I thank the gentleman for coming forward. I hope he 
comes forward with all the spending bills, and I would be disappointed 
if he did not disagree with us. But I think the answer every time just 
about, spending more money and raising taxes in this country is not the 
answer but, rather, a priority basis where we are trying to aim at the 
threat against this country where homeland security is, and I think 
this is a balanced bill and I am proud of what we are doing.
  Madam Speaker, I reserve the balance of our time.
  Ms. SLAUGHTER. Madam Speaker, I yield myself 30 seconds.
  I do not think the American people are going to buy it anymore that 
Democrats are great spendthrifts and just want to throw more money. We 
would not do a contract for $21 million for a limousine to drive around 
Washington.
  I think people remember that, 6 years ago, we had the largest surplus 
that this country has ever enjoyed that should have lasted us for 20 
years. It lasted less than three, and now we have the largest deficit 
we have ever had.
  I think people will see through that.
  Madam Speaker, I am delighted to yield 4\1/2\ minutes to the 
gentleman from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Madam Speaker, I appreciate the gentlewoman's 
courtesy in permitting me to speak on this

[[Page 9756]]

bill, and I could not agree with what she said more.
  Our friend from Texas talked about a clash of priorities. It is not 
just about spending money. When you are giving a new tax break to those 
in this country who need it less, that is draining money from the 
Treasury.
  What Mr. Obey talked about was dealing with priorities for our 
Nation's security. You have made a judgment that it is more important 
for a few to have a massive tax decrease as opposed to dealing 
meaningfully with security needs, and I will venture that the American 
public, given those two, would have no difficulty in agreeing with Mr. 
Obey. One is sad that we are not at least having a chance to vote on it 
today.

                              {time}  1445

  I will say that there are parts of this bill that I feel good about. 
One of the things that I have been working very hard on deals with 
efforts to contend with prevention measures to reduce the damage done 
by floods and other natural disasters. This bill deals with funding 
critical elements for the safety and security of the American public.
  We think often of things like terrorism and border security, but in 
fact more people's lives are lost, more damage is incurred by natural 
disaster. I would like to thank the committee for fully funding the 
mitigation program for repetitively flooded properties authorized by 
our Flood Insurance Reform Act of 2004. That wasn't the case in 
previous years, but this year people have recognized the National Flood 
Insurance Program is in a severe crisis. It is $20 billion in debt. 
This funding will help put it back on the right track.
  The repetitively flooded properties, which make up just 1 percent of 
the insured properties, account for 25 percent of the repetitive flood 
loss. Mitigating these properties will not only keep people out of 
harm's way but it will save other flood insurance policyholders 
thousands of dollars in premiums over the years. If we can reduce just 
one 10 percent policy increase, that is a savings to the policyholders 
of $160 million a year, every year, on into the future.
  FEMA has already reported that their mitigation and building 
standards have resulted in saving $1 billion annually in reduced flood 
loss. If we can continue moving forward, each dollar that we invest in 
helping keep people out of harm's way, each dollar we invest saves $4 
in damages later on, and that doesn't speak to the heart-wrenching loss 
that people face.
  Now, there are going to come before us some amendments that really 
border on being goofy. There is an amendment being offered by Mrs. 
Miller of Michigan to prevent FEMA from raising the base flood 
elevation in the mapping project. Think about it for a moment. This 
would be an amendment that would prevent FEMA from providing an 
accurate map for people in harm's way. Think about the thousands of 
people in Katrina that suffered loss to their property, loss of life 
because they didn't know they were in the floodplain. What in the name 
of all that is holy do we advance by preventing FEMA from doing its 
job? I sincerely hope that this misguided effort, should it come to the 
floor, will be rejected.
  Finally, I hope that this is the last time, and that my friend, the 
chairman of the Transportation and Infrastructure Committee, who is 
here, and I come to the floor dealing with the Department of Homeland 
Security, dealing with FEMA, because FEMA doesn't belong in that 
agency. One of the reasons we saw the bumbling, the incompetence, the 
loss of life, the bureaucratic foul-up during Katrina is because FEMA 
got lost in the bureaucracy of the Department of Homeland Security. We 
took an outstanding agency, stuffed it with cronies, shoved it into a 
massive bureaucracy and people's lives were lost as a result.
  I hope this body has the wisdom to deal with the legislation the 
chairman is bringing forward, I think unanimously, from the 
Transportation and Infrastructure Committee, to put FEMA back where it 
belongs, give it competent people, in order to save lives and save 
money.
  Mr. SESSIONS. Madam Speaker, I appreciate the gentleman coming forth 
and speaking very clearly. I think every single Member of Congress has 
an opinion on the effectiveness of homeland security, the effectiveness 
of FEMA. Our great chairman, Hal Rogers, yesterday came before the 
Rules Committee and spent a great deal of time. There was disagreement 
even among the ranking member and himself about how we continue giving 
these agencies not only the needed resources but helping them to reform 
what they are doing.
  The gentleman from Chattanooga, Tennessee, Zach Wamp, who sits on the 
committee, is an example of one of the members of this committee, the 
Appropriations Committee, who is spending time to look very carefully 
at this effort. Congressman Wamp, being from Chattanooga, Tennessee, is 
in the middle of the storms that come and go not only across our 
southern borders, the gulf region, but also as a member of this 
Homeland Security Oversight Subcommittee, and he is concerned about 
what the right thing to do is.
  So I have confidence that people like Hal Rogers and Zach Wamp, who 
care about and can listen to the discussions from other Members, will 
eventually rectify this issue. Hal Rogers spoke very clearly that it is 
his intent right now to provide them the necessary resources and to 
continue working with them to where they are prepared and ready for 
this summer, having learned lessons from the past.
  So I think, and I hope that money that we have provided now and the 
input that has been provided from Members of Congress in this 
authorization will go a long way to learning from the past and being 
prepared for the future.
  Madam Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Madam Speaker, I will be calling for a ``no'' vote on 
the previous question so that I can amend the rule and allow the House 
to consider the Sabo chemical plant security provision that was left 
exposed to a point of order in the rule, and the Obey amendment to 
address the funding shortfalls in the bill.
  Efforts to allow the full House to consider these two important 
initiatives were rejected in the Rules Committee yesterday by a 
straight party-line vote.
  Madam Speaker, I ask unanimous consent to insert the text of the 
amendments and extraneous materials immediately prior to the vote.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Ms. SLAUGHTER. The Sabo language would require the Secretary of 
Homeland Security within 6 months to issue regulations for the security 
of chemical facilities in the United States. This language was added to 
the bill during the Appropriations Committee markup, but was exposed to 
a point of order in the Rules Committee.
  Madam Speaker, whether or not Members support this provision to 
increase security at vulnerable chemical facilities, we should, at the 
very least, have an opportunity for an up-or-down vote on the provision 
and not have it stricken on a point of order.
  The Obey amendment will increase funding by $3.5 billion to help 
address a number of the bill's seriously underfunded programs and the 
services that are vital to homeland security. It will provide for 
increased Border Patrol agents, increased immigration investigators, 
and increased capacity and detention facilities. It fully funds the 
Port Security Grant program at the level enacted by the House just 2 
weeks ago. It provides funds for Customs and Border Protection and the 
Coast Guard to better protect our ports. And it restores cuts in 
programs that assist local first responders in disaster preparation. It 
also provides for substantial expansion of resources to support 
aviation explosive detection for air cargo and passengers and carry-on 
bags.
  The Obey amendment does this and more without imposing any increase 
in our awful deficit. The entire cost of the amendment is offset by a 
slight reduction in the tax cut for those fortunate

[[Page 9757]]

individuals in this Nation having annual incomes of over $1 million.
  Unfortunately, the homeland security appropriations bill before us 
today is inadequately funded in a number of areas that are vitally 
important to our Nation's security. We are all aware that Federal 
dollars are limited; but when it comes to the safety and security of 
the American people, we have to find a way to fund those programs in 
ways that will protect our citizens. Democrats believe in keeping our 
promises. The Obey amendment will help us support these efforts and do 
so without adding to the debt.
  Madam Speaker, I want to point out a ``no'' will not prevent us from 
considering the homeland security appropriations bill under an open 
rule, but a ``no'' vote will allow Members to vote on the Sabo and Obey 
proposals. Vote ``no'' on the previous question.
  Madam Speaker, I yield back the balance of my time.
  Mr. SESSIONS. Madam Speaker, I appreciate the gentlewoman from New 
York engaging in what I thought was a fair and balanced discussion 
about the homeland security appropriations bill. I think it is 
important that we remember that the balance of what we do says a lot 
about the success of this government to focus and make sure that we are 
prepared to ensure that this great Nation is protected by those very 
important first responders and the United States Government, which has 
this obligation.
  During this time, we have spent a lot of time talking about Members 
of Congress who focused on the policy issues, but there has also been a 
lot of work that has been done by many other people. I mentioned my 
work with Customs and Border Protection. I would like to thank Major 
General Kostelnick at CBP Air for personally engaging me; Mike Conaway 
from Midland, Texas, on his thoughts and ideas for the work of the 
Homeland Security Appropriations Subcommittee.
  We have also spent a lot of time at the White House. The White House 
has reached out to Members of Congress to find out their thoughts and 
ideas, and I think the President is well represented by his legislative 
staff who have come and listened to us and tried to take those thoughts 
and ideas back to formulate a balanced policy with the administration's 
position. I want to thank them:
  Candi Wolfe; for his professionalism and grace and balance, Brian 
Conklin; for the star of the White House legislative team, Elan Liang; 
Chris Frech and Peter Rowan, because they have been an equal part of 
the success of this important bill as it moves forward.
  I am proud of what we have done. I ask for all the Members' support 
not only on this rule but the important legislation which makes sure 
that we have a balanced policy effort and funding effort to make sure 
this country is protected.
  I thank God every day that America rises to its feet, has an economy 
that works the way it does and the strength and power to lead this 
world economy, and for strength and peace.
  The material previously referred to by Ms. Slaughter is as follows:

Previous Question for H. Res. 836--Rule for H.R. 5441 Homeland Security 
                       Appropriations for FY 2007

       In the resolution, on page 2, line 12, after ``Section 
     512;'' add ``and''.
       On page 2, line 13 strike the following: ``; and section 
     536''.
       At the end of the resolution, add the following new 
     sections:
       Sec. 2. Notwithstanding any other provision of this 
     resolution, before consideration of any other amendment it 
     shall be in order to consider the amendment designated in 
     section 3 of this resolution, which may be offered only by 
     Rep. Obey or a designee, shall be considered as read, shall 
     not be subject to amendment (except for pro forma amendments 
     for the purpose of debate), and shall not be subject to a 
     demand for division of the question in the House or in the 
     Committee of the Whole. All points of order against the 
     amendment are waived.
       Sec. 3. The amendment referred to in section 2 is as 
     follows:

                  Amendment to H.R. 5441, as Reported

                    Offered by Mr. Obey of Wisconsin

       At the end of the bill (before the short title), insert the 
     following:

  TITLE VI--PREPARING FOR AND PREVENTING KNOWN THREATS AND IMPROVING 
                            BORDER SECURITY

                     Customs and Border Protection

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $880,000,000, to remain available until expended, for 1,800 
     additional border patrol agents, 300 additional customs 
     agents and inspectors, improvements to the automated 
     targeting system as recommended by the Government 
     Accountability Office, and expansion of the Container 
     Security Initiative.

 air and marine interdiction, operations, maintenance, and procurement

       For an additional amount for ``Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement'', $170,000,000, to 
     remain available until expended, for additional operating 
     hours, the purchase of additional air assets, aircraft 
     recapitalization, and establishment of the final northern 
     border airwing.

                              construction

       For an additional amount for ``Construction'', 
     $300,000,000, to remain available until expended.

                  Immigration and Customs Enforcement

                         salaries and expenses

       For and additional amount for ``Salaries and Expenses'', 
     $730,000,000, to remain available until expended, for not 
     less than 9,000 additional detention beds and 800 additional 
     immigration enforcement agents.

                 Transportation Security Administration

                           aviation security

       For an additional amount for ``Aviation Security'', 
     $200,000,000, to remain available until September 30, 2008, 
     for checkpoint support technology and passenger, baggage, and 
     cargo screening.

                       United States Coast Guard

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $50,000,000.

              acquisition, construction, and improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'', $200,000,000, to remain available until 
     September 30, 2008, for the automatic identification system.

                              Preparedness

                     Office of Grants and Training

                        state and local programs

       For an additional amount for ``State and Local Programs'', 
     $340,000,000, of which $100,000,000 shall be for intercity 
     rail passenger transportation (as defined in section 24102 of 
     title 49, United States Code), freight rail, and transit 
     security grants; $200,000,000 shall be for port security 
     grants; and $40,000,000 shall be for grants to States 
     pursuant to section 204(a) of the REAL ID Act of 2005 
     (division B of Public Law 109-13).


                     firefighter assistance grants

       For an additional amount for ``Firefighter Assistance 
     Grants'', $150,000,000, of which $75,000,000 shall be 
     available to carry out section 33 of the Federal Fire 
     Prevention and Control Act (15 U.S.C. 2229) and $75,000,000 
     shall be available to carry out section 34 of such Act (15 
     U.S.C. 2229a).

                emergency management performance grants

       For an additional amount for ``Emergency Management 
     Performance Grants'', $150,000,000.

                  Federal Emergency Management Agency


             readiness, mitigation, response, and recovery

       For an additional amount for ``Readiness, Mitigation, 
     Response, and Recovery'', $50,000,000.

                      flood map modernization fund

       For an additional amount for ``Flood Map Modernization 
     Fund'', $150,000,000.

                Federal Law Enforcement Training Center

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $30,000,000, to remain available until expended.

                   Domestic Nuclear Detection Office

       For an additional amount for ``Domestic Nuclear Detection 
     Office'', $100,000,000, to remain available until expended, 
     for the purchase and deployment of radiation detection 
     equipment.

                     General Provisions--This Title

       Sec. 601. In the case of taxpayers with income in excess of 
     $1,000,000, for calendar year 2007 the amount of tax 
     reduction resulting from the enactment of Public Laws 107-16, 
     108-27, and 108-311 shall be reduced by 8.47 percent.
       Sec. 602. The amounts appropriated by this title shall be 
     available for obligation, and the authorities provided in 
     this title shall apply, upon the enactment of this Act.

  Mr. SESSIONS. Madam Speaker, I yield back the balance of my time, and 
I move the previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.

[[Page 9758]]


  Ms. SLAUGHTER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________