[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[House]
[Pages 9760-9813]
[From the U.S. Government Publishing Office, www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007

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

                              {time}  1545


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 5441) making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2007, and for other 
purposes, with Mr. Gillmor in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Kentucky (Mr. Rogers) and the gentleman from 
Minnesota (Mr. Sabo) each will control 30 minutes.
  The Chair recognizes the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield myself such time as I 
may consume
  Mr. Chairman, I am pleased to be here to present the fiscal year 2007 
Homeland Security Appropriations Bill. The bill provides just over $32 
billion in discretionary funds for the upcoming fiscal year, that is 
$1.8 billion above the current year, providing ample resources to fund 
the Department's operations in 2007.
  After 3 years, the Department of Homeland Security has made enormous 
progress, but much work remains. The past year has been challenging. We 
have seen military-like incursions at the border, learned of potential 
vulnerabilities within port security and witnessed a massive failure in 
our Nation's preparedness and response during Hurricane Katrina. It has 
not been an easy year.
  I have watched the Department tackle these challenges, and have been 
forthcoming in both my criticisms and praise, and they deserve both. 
Now, in its fourth year of existence, DHS is still struggling to merge 
its 22 legacy agencies.
  Basic business systems are not yet established. And there is a 
constant shuffling of responsibilities and positions. From one day to 
the next, it is hard to determine who is in charge of what effort. On 
top of the mundane job of simply managing a large bureaucracy of over 
180,000 employees, the Department is often focused on managing the 
crisis of the day. Part of this is necessary. Katrina's aftermath 
certainly required the attention of DHS leadership.
  But I do not think the Department should lose sight of its long range 
goals and diverse legacy missions, to deal exclusively with the latest 
crisis. Nor, do I think that we as a Congress can afford to be so 
caught up in today's crisis that we fail to provide balance, stability 
and aggressive oversight within the Department's operations.
  The President's budget put a strong emphasis on two areas, borders 
and immigration security, and nuclear detection. These are certainly 
homeland security priorities which I support. But increases in these 
areas came at the expense of everything else, resulting in reduced 
funding for first responders, port security and legacy agencies such as 
the Secret Service.
  The bill before you shifts some of these resources and provides a 
balance among all of the Homeland Security priorities. It gives the 
Department the tools, assets and direction it needs to prepare our 
Nation for both terrorist attacks and natural disasters.
  Since September 11, we have provided $217.6 billion for homeland 
security, including $116.9 billion for the Department itself. This does 
not include emergency appropriations for Hurricanes Katrina, Rita and 
Wilma.
  For the past 3 years, we have provided funds to get the Department up 
and running. But this year marks a turning point for the Department. It 
is 3 years old. It is already up and running. We now expect results. No 
longer will we tolerate excuses and delays due to reorganizations, 
personnel shortages and poor financial management. Those days are over. 
We need to have confidence that this money is making a difference and 
that as a Nation we are safer and better prepared.
  The bill includes a number of initiatives designed to compel the 
Department to develop strategies and milestones for performance. To 
eliminate

[[Page 9761]]

any ambiguity of Congressional intent, the bill fences funds until 
certain actions are performed. In fact, a total of $1.3 billion is 
withheld until we have strategic plans, expenditure plans, and better 
financial data throughout the Department.
  The bill also balances funding across all programs, not just a select 
few. But there are some caveats. We give money to the Department, but 
we also require results. For port security, cargo security and 
container security, we include $4.185 billion, a significant sum of 
money, but not without strings.
  There are stringent performance requirements, such as doubling the 
amount of cargo inspected, 100 percent screening of all cargo and the 
establishment of minimum security standards for all cargo containers.
  It also requires that DHS double the amount of cargo screened for 
radiation. These requirements are in line with the recently considered 
SAFE Port Act, which overwhelming passed this House on May 4.
  For border security and immigration enforcement, the bill is also 
generous. We provide $19.6 billion, including almost $4 billion for the 
Secure Border Initiative. Again, these funds do not come without 
strings. Strategic and expenditure plans must be submitted for this 
effort. Unless the Department can show us exactly what we are buying, 
we will not fund it. Since 1995, spending on border security has 
quadrupled from $5.1 billion to over $17.9 billion.
  And the number of Border Patrol agents has more than doubled from 
5,000 to 12,319. However, during this same period, the number of 
illegal immigrants has jumped from 5 million to an estimated 12 million 
people. The policy of more money and no results is no longer in effect.
  We will not fund programs with false expectations. The American 
taxpayer deserves more. We learned many lessons, Mr. Chairman, from 
Hurricane Katrina. The Department has taken a number of steps to 
prepare for the start of the 2006 Hurricane season on June 1, including 
improvements to communications, logistics management, victim 
registration and debris removal.
  However, much work remains. And we provide $493 million to build 
FEMA's operational capabilities, including 200 new staff to improve 
incident and logistics management, evacuations and debris removal.
  The bill includes $3.2 billion for our first responders. This is in 
addition to the $5.1 billion that is still in the pipeline waiting to 
be spent, moneys from previous years. Here, too, we require results. 
And we put pressure on DHS to measure progress in preparing our first 
responders.
  Since September 11, we have given the first responders, we have 
provided $37.4 billion. The question is, are they better trained? Are 
they better prepared? Are they better equipped? We do not know the 
answer to that, but we should. The bill includes a provision requiring 
DHS to develop a preparedness strategy and to measure the performance 
of first responders.
  The bill provides $6.4 billion for the Transportation Security 
Administration and the air marshals, including $497 million for 
explosive detection systems, and $55 million for air cargo security. It 
also continues to cap the number of screeners at 45,000, ensuring that 
TSA will not rely exclusively on people to secure aviation but rather 
use smart technologies to screen for explosives and other contraband.
  We must get out of the cycle of simply giving more money for people 
when technology in many cases provides a better answer. The bill 
includes $500 million for the domestic nuclear detection office. Much 
work has been done in this area over the past year, and the office has 
made significant progress in the areas of detection technologies and 
coordinating Federal efforts. This work deserves our continued support.
  Finally, I would like to point out that the bill includes $1.3 
billion for the Secret Service. I continue to believe the 
administration sometimes ignores the resource requirements of that 
agency. Despite dramatic increases in their workload for both 
protection and investigations, dollars have not been forthcoming.
  This is a good example of where I think the administration is not 
paying enough attention to legacy missions, because they are so focused 
on bigger, more visible challenges.
  This legislation, Mr. Chairman, supports our most critical Homeland 
Security priorities, keeps the Department on track to produce results 
and continues the committee's tradition of strict accountability. The 
recommendations in this bill reflect a balance among programs and 
operations, and I urge my colleagues to support the measure.
  Mr. Chairman, this is the last year that my distinguished colleague, 
Mr. Sabo, will be serving in the U.S. House. He has chosen to retire to 
his home in Minnesota. I want to pay him the highest compliment that I 
can. He has been an able soldier. He has been a good work mate on this 
subcommittee. A good part of this bill is his handiwork. He is easy to 
work with. He reminds me a lot of that old adage that still water runs 
deep. He does not yell and scream. And yet he is extremely competent.
  So I wish him well in his next life. I want him to know that we have 
enjoyed working with him. He has done a great service for his country. 
And we want to thank him for his distinguished service.
  So, Mr. Sabo, thank you for being a great partner.

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  Mr. Chairman, I reserve the balance of my time.
  Mr. SABO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank the chairman for his kind comments. It has been 
a privilege to work with you over these last 6 years; the first 2 years 
in the well-established Transportation Committee, the last 4 years in 
the brand new endeavor of Homeland Security, with the whole process of 
building and trying to help a new agency get going.
  I have found you a great person to work with. I have the utmost 
respect for you. You are a real pro. You know what you are doing. And 
so I have great respect and admiration for the work that you do.
  I would much rather have had a different role than being ranking 
member, but at the same time that I am expressing my gratitude to you, 
I also spent 4 years with Mr. Wolf on the Transportation Committee, and 
I found him also a very good person to work with, a person like you, 
open to suggestions from the minority, and a real pro in handling the 
transportation bill that I did with Mr. Wolf.
  So despite my wishes that the roles would have been reversed, it has 
been a real privilege and honor to work with you. Also, throughout that 
time, we have had great staff to work with. On my side, Bev Pheto, from 
our minority staff; Marge Duske from my personal staff; and Chris 
Martin, who also has been with our committee, who has been great to 
work with; Mr. Obey, the ranking member of the full committee, who I 
have worked with closely; and on the majority staff, Michelle, who I 
expect you will be talking about her future, who has done a great job; 
and Stephanie, who I not only had a chance to work with on Homeland 
Security but worked with in Transportation before that; and Ted; and 
Jeff; and Ben; and Brett; and Kelly; and Will; and Meg; thank you to 
all of the staff. It is an excellent professional staff that we can all 
be proud of.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. SABO. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I thank the gentleman for his 
comments, especially about the staff. We would not be here obviously 
without the hard work that they have put into this bill. You and I are 
just sort of front people for the real work that goes on behind the 
scenes by staff.
  So we do have, I think, the best staff in the business on both sides 
of the aisle. I join you in complimenting the staff. You may notice 
that all of the staff is wearing some form of purple in their clothing 
at some point in time. And there is a reason for that.
  Purple is the favorite color of Michelle Mrdeza, who as we all know 
is retiring after this year from her labors. And so we are paying 
tribute to Michelle with purple. We wish Michelle well in her next life 
as well.

                              {time}  1600

  She has rendered tremendous service to her country. In trying to 
stand up this brand-new Department, the biggest reorganization in the 
government at least since 1948, in standing up this Department it has 
been real labor, toils and snares all along the way and they continue 
until this today. But Michelle and the staff of the subcommittee on 
both sides have just been marvelous in this labor of love of trying to 
stand up this huge agency, that we owe them more than we can ever tell 
them about. But that goes for the ranking member, too.
  He has been a marvelous help-mate as we struggled along trying to 
find our way through a thicket to try to stand up this brand-new 
Department. I thank the gentleman for yielding.
  Mr. SABO. I thank the chairman for his comments.
  Mr. Chairman, I congratulate Chairman Rogers on this homeland 
security bill which is clearly better than the administration's budget 
request.
  The President's proposed new fees and unrealistic discretionary 
budget cap left the Appropriations Committee with big holes to fill. As 
a result there are difficult homeland security funding choices to make. 
My concerns about our Nation's homeland security are not limited to 
funding. As I have said before, I had serious doubts in 2002 about the 
wisdom of creating a new Department of Homeland Security, and I voted 
against the bill. When I took on the role of ranking member on the 
subcommittee, I decided my job was to try and prove myself wrong. I'm 
sorry to say that the DHS bureaucrat mess is worse than I first 
imagined, and I still cannot say that my original judgment was wrong.
  There is modest progress in some areas. However, time and again we 
see failures of planning, leadership and management at DHS. Americans 
are holding their breath as a new hurricane season approaches. And 8 
months into the fiscal year, the States in the high-threat urban areas 
are still waiting for DHS to release hundreds of millions of dollars in 
2006 homeland grants. We regularly see broad pronouncement from DHS 
without the proper detail or budgets to support them.
  The new Secure Border Initiative is a perfect example. It appears 
that the administration SBInet plan is to hire private industry to 
think for us how to develop border security technology and systems and 
then sell us the solutions to them.
  Mr. Chairman, I congratulate Chairman Rogers on this homeland 
security bill which is clearly better than the Administration's budget 
request. The President's proposed new fees and an unrealistic 
discretionary budget cap left the Appropriations Committee with big 
holes to fill. As a result, there are difficult homeland security 
funding choices to make.
  My concerns about our nation's homeland security are not limited to 
funding. As I have said before, I had serious doubts in 2002 about the 
wisdom of creating a new Department of Homeland Security, and I voted 
against it. When I took on the role of ranking member on the 
Subcommittee, I decided that my job was to prove myself wrong. I'm 
sorry to say that the DHS bureaucratic mess is worse than I first 
imagined, and I still can't say that my original judgment was wrong.
  There is modest progress in some areas. However, time and again, we 
see failures of planning, leadership and management at DHS. Americans 
are holding their breath as a new hurricane season approaches. And, 8 
months into the fiscal year, the states and high-threat urban areas are 
still waiting for DHS to release hundreds of millions of dollars in '06 
homeland grants.
  We regularly see broad policy announcements from DHS without the 
proper detail or budgets to support them. The new Secure Border 
Initiative is a perfect example. It appears that the Administration's 
SBInet ``plan'' is to hire private industry to think for us on how to 
develop border security technology and systems, and then sell us the 
solution they come up with.
  Most recently, Mr. Obey and I asked GAO to look at how DHS is 
handling personal information in its ADVISE program. We have long been 
concerned about how the Department treats Americans' privacy and due 
process rights. ADVISE appears to be a new variation on the highly 
controversial Defense Department Total Information Awareness program, 
that was supposed to be terminated in 2003.
  Regarding funding levels in this bill, my biggest reservations are 
about the fire grants, port and transit security and state training 
grant programs. Some of these programs are funded at last year's level, 
and some are below.
  I am particularly concerned about fire grants, which is one of the 
most successful programs that the Department administers. This bill 
cuts fire grants by $109 million, or 17 percent, below 2006. Our 
Nation's firefighters have great needs that cannot be met at the 
funding level in this bill. I will offer an amendment later to restore 
fire grant and SAFER funding to slightly above the FY06 level.
  We still have serious gaps in air cargo security. This bill makes no 
real headway in closing them, and port security grant funding is also 
lower than I would like to see.
  This bill does not fund all of the additional border patrol agents 
and detention beds called for in the President's February budget 
request. Since his speech last week, we are still trying to understand 
the new initiatives--and the costs--that the President proposes.
  You can be sure, however, that the price tag for meaningful border 
security and immigration services and enforcement will be very steep. 
It will be far more than the roughly $19.4 billion in this bill (9 
percent above 2006) that is attributed to border security and 
immigration.
  As an example, individuals in my district--and I suspect yours--have 
waited more than

[[Page 9777]]

2 years for the federal government to run security name checks to 
process their immigration paperwork. These people are doing things 
legally. As far as I can tell, the funding the President proposes in 
his new plan won't address this issue. I can only imagine the size of 
the backlog that would be created by his plan or other significant 
changes in immigration law.
  I make these observations not to criticize the Chairman. I simply 
want to clarify for Members that even though this bill increases 
homeland security funding, it does not get us where we need to be in 
protecting the nation.
  Lastly, I am very concerned that--nearly 5 years after 9/11--the 
federal government is still failing to secure the vast majority of 
chemical facilities in this country. They are prime targets for a 
catastrophic terrorist attack, and there is precious little being done 
to protect many of them.
  The administration acknowledges the chemical security dilemma we 
face, but will not act without new legal authority to make and enforce 
chemical security regulations. The Congress--for more than four years--
has failed to act. Competing legislation in the House and Senate 
authorizing committees has gone nowhere. What are we waiting for?
  I was very disappointed that the Rules Committee refused to protect 
my chemical security language--Section 536--which was added to this 
bill in the Appropriations Committee. These provisions would give DHS 
the legal authority that Secretary Chertoff says he needs to regulate 
U.S. chemical facilities that pose the greatest risk to Americans.
  Congress addressed a small part of the chemical security problem in 
2002. We enacted security requirements for chemical facilities on ports 
under the Maritime Transportation Security Act, and the Coast Guard is 
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. Section 536 would not re-regulate them.
  The problem is that there are thousands of other chemical plants and 
storage facilities 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. Yet, Congress appears content to leave security at these 
facilities to the good conscience of their operators.
  I urge my colleagues to refrain from making a point of order against 
the chemical security provisions in this bill. The American people have 
waited too long for Congress to take responsible action to prevent a 
catastrophic attack on a chemical facility.
  If the Congress produces chemical security legislation that the 
President can sign into law this year, then the Section 536 would be 
unnecessary. I suspect, however, that Congress will adjourn without 
doing so. And then--without Section 536--where will we be? Will the 
American people have to endure another year without chemical security 
protections?
  In closing, I will say that this is not a perfect bill. Given the 
allocation provided, however, it is one that I will support.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 3 minutes to the 
gentleman from New York (Mr. King), the distinguished chairman of the 
authorizing Committee on Homeland Security in the House.
  Mr. KING of New York. Mr. Chairman, I thank the gentleman from 
Kentucky who has been a leader in strengthening the Department and 
providing crucial oversight to its activities. I want to thank you and 
Ranking Member Sabo for your hard work on this bill, and of course join 
with you in commending Mr. Sabo in his many years of dedication to this 
Chamber.
  This bill provides the necessary resources for the Federal 
Government's effort to protect the homeland. I rise to acknowledge a 
number of legislative provisions that are included in the bill and fall 
within the primary jurisdiction of the Committee on Homeland Security. 
I do not seek to challenge the vast majority of these authorizing 
provisions, as I believe they are largely necessary to ensure the 
Department continues to improve its effectiveness. However, I do want 
to point out the strong jurisdictional interests of the Committee on 
Homeland Security.
  As you know, the Committee on Homeland Security is actively working 
to advance much needed legislation specifically authorizing many of the 
activities of the Department, particularly in the areas of border 
security, cargo security, emergency management, and chemical site 
security. The Committee on Homeland Security will also in the near 
future advance a broad reauthorization bill for the Department.
  A full list of my concerns is provided in a letter to the gentleman 
from Kentucky, which will follow my remarks.
  Since I became chairman last year, we have had an excellent working 
relationship, and I appreciate the gentleman from Kentucky's efforts to 
include me and my staff as you develop the bill. In light of the 
ongoing authorization activities of the Committee on Homeland Security, 
I respectfully request your commitment to work together to ensure that 
the legislative provisions in the homeland security appropriations bill 
compliment and do not conflict with parallel authorizing legislation.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. KING of New York. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I thank the gentleman for 
yielding. I want to thank the gentleman for his efforts to work with 
our subcommittee and commend him for his leadership in the Committee on 
Homeland Security. I also appreciate the opportunity to work with the 
gentleman on legislative provisions contained in the homeland security 
bill.
  As this bill moves forward towards conference, I want to assure the 
gentleman that I am committed to retaining the key oversight provisions 
included in this bill. I also look forward to working with the 
gentleman to ensure that measures consistent with the legislative 
agenda of the Committee on Homeland Security, particularly in the areas 
of border, immigration and port security, emergency preparedness and 
chemical site security. I thank the gentleman.
  Mr. KING of New York. I thank the gentleman for his commitment. And 
on a personal note, I want to thank him for the extraordinary 
cooperation he has given me during the 9 months I have been chairman of 
the authorizing committee.

                                    U.S. House of Representatives,


                               Committee on Homeland Security,

                                     Washington, DC, May 25, 2006.
     Hon. Harold Rogers,
     Chairman, Subcommittee on Homeland Security, Committee on 
         Appropriations, House of Representatives, Washington, DC.
       Dear Chairman Rogers: The House of Representatives has 
     scheduled for consideration today, H.R. 5441, the Homeland 
     Security Appropriations Act for Fiscal Year 2007. This 
     measure contains a number of legislative provisions that are 
     in violation of House Rule XXI, clause 2, which prohibits 
     legislation within a general appropriation bill. These 
     provisions fall within the jurisdiction of the Committee 
     Homeland Security. While I want to make clear the Committee 
     on Homeland Security's strong jurisdictional interests in the 
     legislative provisions summarized below, I do not intend to 
     assert procedural objections to the vast majority of these 
     provisions during House consideration of the Homeland 
     Security Appropriations Bill.
       As you know, the Committee on Homeland Security is actively 
     working to advance legislation specifically authorizing many 
     of the activities of the Department of Homeland Security, 
     particularly in the area of border security, cargo security, 
     emergency management and chemical site security. The 
     Committee on Homeland Security will also, in the near future, 
     advance a broad reauthorization bill for the Department. In 
     light of the ongoing authorization activities of the 
     Committee, I respectfully request your commitment to work 
     together to ensure that the Appropriations Bill complements, 
     and does not conflict with, parallel authorizing legislation.
       The provisions of interest to the Committee on Homeland 
     Security are as follows:
       Title I, Departmental Management and Operations (Page 2, 
     Line 16-Page 3, Line 2); withholds $10,000,000 until the 
     Secretary of Homeland Security submits a comprehensive port, 
     container, and cargo security strategic plan to 
     Appropriations and Homeland Committees. This plan must 
     require screening of all inbound cargo, double the percentage 
     of inbound cargo currently inspected, set minimum standards 
     for security inbound cargo and includes the FY 2007 
     performance requirements for port, container, and cargo 
     security.
       Title I, Departmental Management and Operations (Page 3, 
     Lines 2-15); provides that the Secretary of Homeland Security 
     must submit a multi-year strategic plan for the Secure Border 
     Initiative that includes a comprehensive mission statement, 
     an identification of long-term goals, an explanation of how 
     long-term goals will be achieved, schedule and resource 
     requirements, an identification of annual performance goals 
     and

[[Page 9778]]

     how they link to long-term goals, an identification of annual 
     performance measures used to gauge effectiveness towards goal 
     achievement by goal and an identification of major capital 
     assets critical to program success.
       Title I, Departmental Management and Operations (Page 4, 
     Line 8-12); provides that $10,000,000 will be withheld until 
     the Office of Chief Financial Officer of the Department of 
     Homeland Security submits monthly budget execution report to 
     the House and Senate Appropriations Committees.
       Title I, Departmental Management and Operations (Page 4, 
     Line 25-Page 5, Line 4); provides that none of the funds in 
     this section may be used for US-VISIT or ACE.
       Title II, U.S. Visitor and Immigrant Status Indicator 
     Technology (Page 6, Line 12-Page 7, Line 14); withholds 
     $312,494,000 until the Secretary of Homeland Security submits 
     a plan for expenditures to the House and Senate 
     Appropriations Committees that must comply with the 
     Department of Homeland Security and procurement regulations, 
     includes a certification by the Chief Information Officer of 
     the Department of Homeland Security and is reviewed by the 
     Department of Homeland Security Investment Review Board and 
     the Government Accountability Office.
       Title II, Security, Enforcement, Investigations, Customs 
     and Border Protection, Salaries and Expenses account (page 8, 
     Line 17-Page 9, Line 3); notwithstanding any other provisions 
     of law, this section requires that no funds may be provided 
     for Customs and Border Patrol overtime, from any source, if 
     the funds exceed the $35,000 cap, except for specific 
     circumstances determined by Secretary of Homeland Security or 
     his designee.
       Title II, Security, Enforcement, Investigations, Customs 
     and Border Protection, Salaries and Expenses account (Page 9, 
     Line 6-10); requires the Border Patrol to relocate its 
     checkpoints in the Tucson sector at least once every seven 
     days.
       Title II, Security, Enforcement, Investigations, Customs 
     and Border Protection, Automation Modernization account (Page 
     11, Line 8-Page 12, Line 9); withholds funds provided for the 
     Automated Commercial Environment until the Appropriations 
     Committee receives an expenditure plan on the program meeting 
     certain requirements and is reviewed by the Government 
     Accountability Office.
       Title II, Security, Enforcement, Investigations, Customs 
     and Border Protection, Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement account (Page 13, 
     Lines 2-11); prohibits the transfer of any Customs and Border 
     Protection aircraft or equipment to any other Federal agency 
     without approval of the House Appropriations Committee.
       Title II, Security, Enforcement, Investigations, Customs 
     and Border Protection, Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement account (Page 13 
     Lines 11-16); withholds $6.8 million until the House 
     Appropriations and Homeland Security Committees receive a 
     report on the April 25, 2006 Unmanned Aerial Vehicle mishap.
       Title II, Security, Enforcement, Investigations, Customs 
     and Border Protection, Salaries and Expenses account (Page 
     14, Line 24-Page 15, Line 5); waives other laws and states 
     that no funds may be provided for Customs and Border 
     Protection overtime, from any source, if the funds exceed the 
     $35,000 cap, except for specific circumstances determined by 
     the Secretary of Homeland Security or his designee.
       Title II, Transportation Security Administration, Aviation 
     Security (Page 17, Line 1-11); restricts the Government share 
     of costs of projects to 75 percent for medium or large hub 
     airport and 90 percent for any other airport.
       Title II, Transportation Security Administration, Aviation 
     Security Account (Page 17, Lines 11-20); provides that no 
     funding shall be provided except for items such as air cargo 
     inspectors, canines and screeners until a detailed a detailed 
     air security action plan that includes the criteria outlined 
     in the Bill is submitted to the House Appropriations and 
     Homeland Security Committees.
       Title II, Transportation Security Administration, 
     Transportation Security Support Account (Page 18, Line 23-
     Page 19, Line 6); withholds $5 million until the Department 
     of Homeland Security submits a plan for explosive detection 
     systems deployment and spending plan.
       Title III, Under Secretary for Preparedness (Page 28, Lines 
     12-17); withholds $4.4 million until the Secretary of 
     Homeland Security submits the final National Preparedness 
     Goal to the House and Senate Appropriations Committees.
       Title III, (Page 28, Line 18-Page 31, Line 19); provides 
     that ``notwithstanding any other provision of law,'' grants 
     to State and local governments for terrorism prevention 
     activities shall be allocated as follows: applications for 
     formula-based grants and law enforcement terrorism prevention 
     grants; no less than 80 percent of any formula-based grant 
     and law enforcement terrorism prevention grant awarded to a 
     State shall be made available by the State to local 
     governments within 60 days after the receipt of the funds; 
     discretionary grants for port security shall be limited to 
     $200 million and distributed based on risks and threat; 
     discretionary grants for high-threat, high-density urban 
     areas shall be limited to $750 million; grants under this 
     section shall be made available to states within 45 of the 
     enactment of this act. States shall submit applications 
     within 90 days of the grant announcement; no less than 80 
     percent of any discretionary grant awarded to a State shall 
     be made available by the State to local governments within 60 
     days after the receipt of the funds. The Committee Report 
     also directs the Department to guarantee a 0.75 percent 
     ``base'' to States under the State Homeland Security Grant 
     Program and Law Enforcement Terrorism Prevention Program, 
     thereby eliminating the Department's discretion under the USA 
     PATRIOT Act to provide that guarantee as a ``true minimum.''
       Title III, Infrastructure Protection and Information 
     Security (Page 32, Line 22-Page 34, Line 1); requires that 
     the methodology for collecting fees under this section be 
     fair and equitable and that such fees should reflect the cost 
     of the collection of such fees.
        Title III, Infrastructure Protection and Information 
     Security (Page 33, Line 18-Line 22); withholds $10 million 
     until the Department of Homeland Security releases the 
     National Infrastructure Protection Plan.
       Title III, Infrastructure Protection and Information 
     Security (Page 33, Line 22-Page 34, Line 2); withholds $10 
     million until the Department of Homeland Security has 
     released its national security strategy for the chemical 
     sector report.
       Title IV, Research and Development, Training and Services, 
     Science and Technology, Management and Administration (Page 
     41, Lines 15-20); withholds $98 million until the Under 
     Secretary submits a detailed expenditure plan for fiscal year 
     2007 to the House and Senate Appropriations Committee.
       Title IV, Research and Development, Training and Services, 
     Science and Technology, Management and Administration (Page 
     42, Lines 3-9); withholds $400 million until the House 
     Appropriations Committee receives and approves a report 
     prepared by the Under Secretary that describes Science and 
     Technology's progress in areas detailed in the bill.
       Title IV, Research and Development, Training and Services 
     (Page 42, line 10-Page 43, line 3); provides $500,000,000 for 
     necessary expenses of the Domestic Nuclear Detection Office, 
     but withholds funds from the Sodium-Iodide Manufacturing 
     Program until DNDO demonstrates that the Advanced 
     Spectroscopic Portals will significantly speed commerce, 
     reduce costs of secondary inspection, or significantly 
     increase sensitivity over current radiation portal monitors.
       Section 513 (Page 49, Line 17-Page 51, Line 6); withholds 
     funds for Secure Flight until the Secretary certifies that 
     Government Accountability Office has reported on ten CAPPS II 
     points outlined in Sec. 522(a) in P.L. 108-334.
       Section 518 (Page 52, Line 14-17); directs the Secretary of 
     Homeland Security in consultation with industry stakeholders 
     to develop screening standards and protocols to increase the 
     use of explosive detection equipment to screen air cargo.
       Section 519 (Page 52, Line 18-Page 53, Line 4); directs the 
     Transportation Security Administration (TSA) to use existing 
     explosive detection systems equipment to the greatest extent 
     practicable and to provide quarterly reports on amount of 
     cargo carried on passenger aircraft screened to the House 
     Appropriations Committee. Such reports must be submitted 
     within 45 days of the end of the quarter, each day the 
     reports are late, $100,000 of funding will be withheld from 
     TSA.
       Section 520 (Page 53, Lines 5-10); directs that funds 
     cannot be used to create transportation worker ID cards that 
     do not utilize an existing government production facility.
       Section 522 (Page 54, Lines 3-9); directs that no funds may 
     be used for anyone but the Department of Homeland Security 
     Privacy Officer to alter, direct or order changes be made, 
     delay or prohibit the transmission to Congress of any report 
     pursuant to paragraph 6 of such section.
       Section 525 (Page 54, Line 24-Page 55, Line 19); requires 
     that Department of Homeland Security declare certain types of 
     information detailed in the bill to be releasable.
       Section 526 (Page 55, Lines 20-23); authorizes the Working 
     Capital Fund.
       Section 529 (Page 56, Line 23-Page 57, Line 14); requires 
     the Department of Homeland Security Chief Financial Officer 
     to submit a monthly budget execution report including the 
     criteria set forth in the bill. The report must be submitted 
     within 45 days of the close of each month, and must be 
     submitted to the House and Senate Appropriations Committees.
       Section 531 (Page 60, line 21-Page 61, line 2); provides 
     the Domestic Nuclear Detection Office with the authority to 
     distribute funding through grants, cooperative agreements, 
     and other transactions and contracts.
       Section 532 provides that no funds may be used by U.S. 
     Customs and Border Protection to prevent individuals 
     importing certain prescription drugs.
       Section 536 (Page 62, Lines 1-17), requires the Department 
     of Homeland Security to

[[Page 9779]]

     issue security requirements for chemical facilities that the 
     Department deems highest risk within six months of enactment 
     of the Bill.
       While I appreciate your efforts to offer meaningful 
     oversight on the Department of Homeland Security, the 
     Committee on Homeland Security continues to actively pursue 
     its authorizing and oversight responsibilities. I look 
     forward to working with you further on measures to improve 
     effectiveness of the Department. Thank you.
           Sincerely,
                                                    Peter T. King,
                                                         Chairman.

  Mr. SABO. Mr. Chairman, I yield 3 minutes to the gentleman from 
Mississippi (Mr. Thompson), the ranking member of the authorizing 
committee.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I appreciate the gentleman 
yielding me time. I also want to pay tribute to the gentleman before he 
leaves us. I believe this is your last effort, Mr. Sabo. You have been 
a very, very good person to work with on the committee. I wish you 
well. I am not sure what the future holds, but I know it is very 
positive.
  Mr. Chairman, in the 3 short years since the Department came into 
existence, it has been in a constant state of transition and turmoil. 
Chronically understaffed at the border and in our airports, the 
Department has had to execute its critical national security mission 
without the people and resources it needs.
  Time and again the dedicated men and women of the Department of 
Homeland Security are asked to do more with less. There have been 
numerous turnovers at the highest level in the Department. In a week 
from today, the 2006 hurricane season will begin and FEMA is still not 
fully staffed. The Department also has a significant number of 
leadership vacancies, including the chief financial officer, the chief 
privacy officer, the commissioner of customs of border protection, and 
the Under Secretary of Science and Technology. There are so many 
``actings'' at the Department that the agency might want to start 
handing out Screen Actor Guild cards.
  Seriously, it is no wonder that morale at the Department is 
practically dead last among all Federal agencies. This bill funds the 
Department at $33 billion, 5 percent over last year's funding measure. 
I am glad that we were able to increase the budget without raising the 
passenger ticket tax, but the level of resources provided is far short 
of what is needed to make real progress in the war on terror and 
partner effectively with State and local governments as well as the 
private sector.
  Grants and training programs are funded at $2.5 billion. That is just 
2 percent over what was provided to our communities to train and equip 
emergency responders last year. At this rate we are not even keeping up 
with inflation.
  This bill also does not fulfill the funding commitments made in the 
9/11 act. It does not fund 2,000 more Border Patrol agents. It does not 
fund 8,000 new detention beds. It does not fund 800 new immigration 
investigators. No wonder the border, Mr. Chairman, is in crisis.
  If we are not willing to fully invest in securing the border 
permanently, what do we expect? The decision to send our already 
overtaxed National Guard to the border is a Band-Aid solution to hide 
the fact that we are failing the good men and women of the Border 
Patrol, ICE and CBP by not giving them the resources and additional 
support they need to do their job.
  The bulk of my criticism is not for the appropriators. It is for the 
administration. The parameters for this year's appropriations were 
dangerously unrealistic. Mr. Obey attempted to correct this shortfall 
and infuse another $3.5 billion into the Department. Had the money been 
appropriated, the Department would be in better position to meet its 
responsibilities to the American people.
  The Department is in its toddler years, barely out of the terrible 
twos. It is going to take a significant commitment by this Congress to 
do the oversight and provide the support needed if the Department is to 
ever grow into the Federal agency that Congress envisioned and the 
American people deserve.
  Mr. Chairman, I again want to pay tribute to Mr. Sabo for guiding us 
during our terrible twos and threes in this Department. We wish him 
well.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the 
gentleman from Arizona (Mr. Renzi).
  Mr. RENZI. Mr. Chairman, I want to thank the chairman and commend him 
for demanding from the Department of Homeland Security an in-depth 
examination of what will work and how we will implement the newest plan 
to protect our border. But new plan needs to include, as the chairman 
talked about, a tactical operation, the tactical ability to stretch the 
border. In other words, we need to get on offense and not take such a 
passive approach to our issues on the border. We need to be careful 
that we are not just sitting in a green and white Border Patrol pickup 
truck, sitting on the border on the night shift, hoping that we picked 
the right spot, and thinking we will interdict illegals using that kind 
of an approach.
  Mr. Chairman, I grew up in Arizona and my ranch sits within a few 
miles of the border. On many occasions I have had my fences cut, and I 
have had many people flow through my ranch headed north. Over the last 
18 months, my staff and I have and our team has developed a 
comprehensive approach to border security called the Red Zone Defense. 
We currently have 8 aerostat balloons on the border using look-down 
radar peering into Mexico, stopping the flood of airplanes flowing into 
America. We need to add sensors that can peer across the line, see them 
coming, see where they are staging before they get to the border in 
order to shift the defense, shift the limited amount of manpower we 
have so we can interdict in a pro-active approach.
  Many of my colleagues have embraced this plan. The chairman of the 
authorization committee, Mr. King of New York, included it in the 
authorization bill. And it needs to be part of the financial strategy 
that is developed by DHS in order to gain operational control of our 
borders.
  Coming from Arizona and living on the border, growing up on the 
border, we deal with it day in and day out. I ask that DHS, as it 
begins to move forward in responding to the chairman and the ranking 
member's demand for a comprehensive plan, look at pro-active 
intelligence that can cue our limited manpower and can see the illegals 
coming before they cross the border. We need to have it included in the 
plan.
  Mr. SABO. Mr. Chairman, I yield 2 minutes to the gentleman from Texas 
(Mr. Cuellar) for the purposes of a colloquy with the chairman.
  Mr. CUELLAR. Mr. Chairman, thank you for this opportunity and for 
crafting a good bill that supports the critical missions of the 
Department of Homeland Security. Within this bill you have done a great 
job of increasing the amount of Customs and Border Protection and 
Immigration Customs Enforcement officers and addressing the critical 
needs along the border.
  I am a big supporter that in order to protect the border we have got 
to start off with optimum staffing levels of law enforcement agencies 
charged with protecting our borders. This is certainly true in my 
hometown of Laredo on the border. Your bill goes a long way towards 
addressing the staffing needs of CBP and ICE in Laredo as well as along 
our borders through substantive funding increases and extensive 
planning requirements.
  But there is certainly more work to be done, and I hope to be able to 
work with you, Mr. Chairman, and with your committee on addressing the 
staffing needs on these agencies, especially along the border in 
Laredo.
  Secondly, there is a serious condition along my area of the border 
caused by carrizo cane. This invasive plant grows wildly along the 
banks of the Rio Grande and conceals many illegal activities and 
illegal crossings.

                              {time}  1615

  This is why the Riverbend Project in Laredo is so important. I am 
very appreciative of your supportive report language that reflects my 
proposed ideas about making the border more secure, and I hope to be 
able to continue

[[Page 9780]]

to work with you and the ranking member in the committee to address 
this problem
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. CUELLAR. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I appreciate the kind words of 
the gentleman from Texas, and I share his concerns and am committed to 
improving our border security and immigration enforcement programs. I 
know the needs of Laredo are great, but I also know that if we do not 
address the issue of border security comprehensively, we will continue 
to throw money at a problem without making measurable gains.
  As I have said many times, if our approach is only to build a 20-foot 
fence, all we end up doing is increasing the demand for 21-foot 
ladders. We have to have a plan for addressing this very complex and 
challenging issue.
  I will continue to work with the gentleman on his concerns and push 
the department to plan its work and work its plan.
  Mr. CUELLAR. Thank you, Mr. Chairman. I believe that the best method 
to secure our borders is through more law enforcement on the ground; 
more technology, which is cameras, sensors and air surveillance; and 
more detention beds.
  Again, this bill takes huge strides to address these needs.
  Mr. Chairman, I thank you for the time.
  And thank you to Mr. Sabo for the great work you have been doing.
  Mr. SABO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Ms. Loretta Sanchez) for purposes of a colloquy with the 
chairman.
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank the ranking 
member.
  Mr. Chairman, I rise for the purpose of engaging Chairman Rogers in a 
colloquy.
  Mr. Chairman, thank you for your work on this bill. As the ranking 
member of the Economic Security, Infrastructure and Cybersecurity 
Subcommittee of the Homeland Security Committee, I have been working on 
port security issues for many years, and I was extensively involved in 
moving the SAFE Port Act that was recently overwhelmingly passed in 
this House in a very bipartisan manner. One of the topics that we spent 
a lot of time perfecting in the SAFE Port Act was the authorization of 
the C-TPAT program.
  The reason for this emphasis was that C-TPAT has the potential to be 
a very effective security program but only if all C-TPAT members are 
validated to be trustworthy and have adequate supply chain security 
measures in place. In order to help achieve 100 percent validation, I 
have been a vocal supporter of third party validations provided the 
proper controls are in place. The SAFE Port Act requires many 
safeguards and controls in any third party validation program, 
including requiring C-TPAT members to contract with third party 
validators directly and to pay for those validation costs.
  So, Mr. Chairman, since both your bill and the SAFE Port Act require 
100 percent validations of all C-TPAT participants, I want to clarify 
that the language regarding third party validators contained within 
your report will not contradict all of the work of the requirements and 
the controls that we have put into the SAFE Port Act.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentlewoman yield?
  Ms. LORETTA SANCHEZ of California. I yield to the gentleman from 
Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, the language in the Homeland 
Security Appropriations report is intended to support, not change or 
contradict, the SAFE Port Act's requirements and controls pertaining to 
third party validators. I share my colleague's concern that C-TPAT is 
only as good as its participants are credible. We must ensure that all 
C-TPAT members are validated to have a program that provides real 
security. That is why our bill aligns with the SAFE Port Act by 
requiring the validation of all certified participants.
  Ms. LORETTA SANCHEZ of California. Thank you, Mr. Chairman, and thank 
you for that clarification and for your strong support for improving 
the C-TPAT program.
  Mr. SABO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, let me take my 1 minute to 
thank Mr. Sabo for his great leadership in these very difficult times 
and to thank him personally for guiding this legislation, along with 
the chairman. I believe that they attempted to work with what was given 
to them, of course, suffering from having less than the $200 million 
needed to fulfill all of the needs of this legislation.
  Finally, I would say that I hope someday that we will pass in 
appropriations what the 9/11 Commission asked us to do which is to 
fully fund our border patrol agents with equipment, with power boats, 
with goggles, and I am grateful for Senator Kerry, who passed that 
amendment on the Senate side, as we move toward immigration reform, 
both border security and comprehensive immigration reform.
  Again, I thank Chairman Rogers and I thank Ranking Member Sabo for 
his continued great service and the great work he has done on this 
legislation. We will certainly miss him, and thank you again.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 1 minute to the 
distinguished gentleman from Iowa (Mr. Latham), a very hardworking 
member of our subcommittee.
  Mr. LATHAM. Mr. Chairman, I thank the subcommittee chairman for the 
time, and Mr. Chairman, I just want to commend the chairman on another 
great job, very difficult year allocation-wise and everything else and 
all the hearings. I think it has been extremely informative in keeping 
the Department's feet to the fire. I think it is extraordinarily 
important.
  I also want to commend my neighbor to the north up in Minnesota, Mr. 
Sabo, and you will be sorely missed next year, that is for sure, and 
thank you for your great service.
  If you notice, I have a purple tie on. I did not get the memo, but 
Michelle will be missed very much next year, and thank you for the job 
you have done.
  Mr. SERRANO. Mr. Chairman, I rise in support of this bill, and I 
applaud the leadership and the hard work of Chairman Rogers and Ranking 
Member Sabo in bringing this bill to the floor.
  I would like to begin by saying that the budget resolution has 
created inadequacies in this bill from the start. Chairman Rogers and 
Ranking Member Sabo have done a fine job of distributing the scarce 
funding that is available. They have been able to accomplish this 
difficult task despite the OMB's use of a proposed new aviation 
security fee, which was a budgetary gimmick that the Administration 
knew this Congress would not support and probably did not even support 
itself.
  This fee was yet another attempt by the Administration to fool the 
American people into thinking that we can pass out money to the wealthy 
while sinking hundreds of billions into the quagmire in Iraq, and that 
none of it will hurt. But again, I want to emphasize that Chairman 
Rogers and Mr. Sabo are not at fault here.
  In fact, I congratulate them for being able to restore much of the 
funding in this bill for our states and localities, which have always 
been on the front lines of our battles against terrorism. Mr. Speaker, 
I understand we have a problem in this government with short attention 
spans, but it is outrageous to me that not even half a decade after 
Sept. 11, the Administration proposed to cut state and local assistance 
by over 20 percent. It completely eliminated the SAFER program, which 
helps our struggling local fire departments fulfill ever increasing 
homeland security missions.
  Just because we haven't needed our first responders on the scale of 
Sept. 11 in a while, doesn't mean that the needs are not there. We 
cannot afford to wait until a tragedy hits to realize that we did not 
do enough for them.
  I am glad that this bill recognizes this reality by partly restoring 
the cuts that the Administration made to the grant programs such as 
Metropolitan Medical Response System, Firefighter grants, and Emergency 
Management Performance Grants. I know that my own City of New York is 
making good use of all these grants, including those provided through 
the

[[Page 9781]]

High Threat Urban Areas program, and that they are doing so 
expeditiously within the accounting requirements of the Department.
  I do have some concerns about the requirement that part of this 
funding go toward emergency medical services, because I believe our 
states and localities should be able to distribute all the funding to 
where it is needed most. But I hope to work with the Chairman and the 
Ranking member on these concerns in Conference.
  In a related account, the bill also restores funding for the Urban 
Search and Rescue teams that were so crucial to not only our country's 
response to 9/11, but the devastation caused by last year's hurricanes 
as well. That is a much-needed restoration.
  Beyond helping our state and municipalities, I would also like to 
express my support for the attention that Chairman Rogers and Ranking 
Member Sabo have paid to balancing new demands on the Department with 
its ongoing missions. These critical missions, such as stopping the 
flow of illegal drugs and approving visas, have not gone away since 9/
11 or since Fox News started sowing paranoia about our southern border. 
This bill properly recognizes this reality.
  In conclusion, Mr. Chairman, I believe that the bill does a good job 
within the amount provided for its top line. I would have wished to see 
more funding provided for all functions across the department, 
especially for assistance to our first responders. We cannot continue 
to move the baseline lower and lower year after year, and expect the 
Department, our states, and our cities to do more with less.
  Until the Budget Committee passes a realistic budget resolution, 
however, we must play the cards that we are dealt, and this bill does a 
good job of that. Therefore, I urge my colleagues to support the bill.
  Mr. GUTKNECHT. Mr. Chairman, I rise in support of H.R. 5441, the 
Department of Homeland Security Appropriations Act for Fiscal Year 
2007. This bill will provide valuable homeland security dollars to 
communities and infrastructure in our country.
  I'm particularly pleased about one provision included in this bill. 
It will prevent U.S. Customs and Border Protection (CBP) from seizing 
the property of Americans. Believe it or not, this is being done today.
  For years, individuals have been allowed to purchase prescription 
drugs for personal use from Canada and other foreign countries. Last 
November, without notification, CBP began to seize medicine that 
Americans had bought from Canadian mail-order pharmacies. We now know 
that between November 2005 and February 2006 almost 13,000 packages of 
drugs were seized.
  Preventing these life-saving drugs from getting to their intended 
destination puts Americans' health at risk. Many seniors on fixed 
incomes lost hundreds of dollars worth of drugs when they were seized. 
That may not seem like much to a pharmaceutical executive, but this is 
a lot of money to someone on a fixed income.
  Section 532 of H.R. 5441 states that ``None of the funds made 
available in this Act for United States Customs and Border Protection 
may be used to prevent an individual not in the business of importing a 
prescription drug . . . from importing a prescription drug . . .'' This 
will put a stop to our own government confiscating the medicine on 
which its citizens depend. I urge passage of this bill. We should 
insist that this provision remain in the final bill that the House 
receives from the Conference Committee.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in strong support of H.R. 
5441, the Fiscal Year 2007 Homeland Security Appropriations bill.
  I want to commend Chairman Rogers and Ranking Member Sabo for their 
work on this legislation. They have done an excellent job of 
recognizing where this Department succeeds and where it doesn't. 
Integrating the 22 separate agencies into one responsive, functioning 
body is never easy, but the Department has had four years to do so. 
This legislation recognizes that Congress needs to take a greater role 
in overseeing this integration.
  I support the approach Chairman Rogers has taken in this legislation 
with requiring DHS to be more accountable to Congress on how it is 
allocating funds and setting policies to affectively protect our 
nation's citizens. For too long, money has been sitting unexpended or 
allocated without a clear purpose. Hurricane Katrina, taught us that we 
still have far to go in achieving an agile, organized and responsive 
Homeland Security Department.
  Last year, this Committee took the first important steps towards 
ensuring Homeland Security Grants to states were allocated based on 
risk. Much more remains to be done in this area, but to the credit of 
the Chairman he has taken action to begin moving in this direction 
while authorizing legislation is still pending.
  This year, the Committee has produced legislation providing $3.2 
billion for first responders--this is in addition to the $5.1 billion 
still unexpended. The committee includes requirements that DHS provide 
reports to the Committee on how it is ensuring that the $34.7 billion 
provided to first responders to develop a preparedness strategy and to 
measure the performance of first responders.
  Additionally, $4.2 billion is appropriated for port, cargo, and 
container security. This legislation sets strict requirements for 
operations at those ports, including doubling the amount of cargo 
inspected; requiring 100 percent screening of all cargo for radiation; 
and the establishing of security standards for all cargo containers.
  We in the New Jersey and New York area have a keen understanding of 
how important it is to make sure that we secure such critical 
infrastructure. New Jersey is home to the largest and busiest seaports 
on the Eastern Seaboard. The Port of New York and New Jersey, 
positioned between New York City and Newark Liberty International 
Airport, is key to our nation's economy and security.
  Handling more than $100 billion in cargo a year and employing nearly 
230,000 area residents, the port is the East Coast's hub in the global 
supply chain. This port is the most concentrated and affluent consumer 
market in the world, with immediate access to the most comprehensive 
interstate highway and rail networks in the nation.
  Mr. Chairman, this is a thoughtful piece of legislation that not only 
provides funding for Homeland Security activities, but also holds the 
Department of Homeland Security accountable for how those activities 
are executed.
  I urge my colleagues to support this important legislation.
  Ms. ROYBAL-ALLARD. Mr. Chairman, I rise in support of H.R. 5441, the 
Homeland Security Appropriations Act for fiscal year 2007. As a member 
of the Homeland Security Subcommittee, it has been an honor to work 
with Chairman Hal Rogers and with our ranking member, Martin Sabo, who 
sadly is retiring at the end of the 109th Congress. Congressman Sabo 
has served our country with honor and distinction. It has been a 
privilege to serve with him in the U.S. House of Representatives.
  Mr. Chairman, Chairman Rogers has once again been presented with an 
inadequate budget allocation. He has done his best to strengthen our 
ability to effectively respond in times of national emergency and fund 
the critical programs in the bill that protect our Nation against 
terrorist attacks and national disasters.
  Nevertheless, I am disappointed that due to the lack of funds 
resulting from hundreds of billions of dollars in Republican tax cuts 
for the very rich, the bill reduces badly needed funds for programs 
critical to our first responders' ability to efficiently and safely 
respond to a terrorist attack or national disaster. I am particularly 
concerned about cuts to grants that fund communication capability such 
as interoperability. Radio interoperability is essential for our 
police, fire, and emergency medical service departments to communicate 
with each other in times of emergency. This was demonstrated by the 
horrors in New York on 9/11 when many of the New York police and 
firefighters died because of the inability to warn each other of the 
dangers ahead. Four and a half years after 9/11 it is unconscionable 
that interoperable communications remain an unmet urgent need. It is 
also unfortunate that the Democratic amendment by Mr. Obey that would 
have added funding for port security, border security, and first-
responder equipment and training failed on a party line vote.
  I am also disappointed and greatly concerned that this bill's report 
expresses support for the expansion of the 287(g) program which allows 
State and local law enforcement officers to perform immigration 
enforcement functions. Many local law enforcement officers have stated 
that if they are required to enforce Federal immigration policies it 
would hamper their ability to successfully fight crime in their 
respective communities.
  Furthermore, I am disappointed that the report does not include a 
solution to the miscalculation of the Letters of Intent contract 
between the TSA and the Los Angeles World airports, LAWA. According to 
LAWA, TSA's contractor made errors in calculating the cost of 
installing inline baggage screening equipment at Los Angeles and 
Ontario airports. These calculating errors have resulted in a contract 
dollar amount lower than what is needed to complete the required 
equipment purchase and installation. I hope to work with the chairman 
in conference to resolve this problem.
  Despite these concerns, I thank Chairman Rogers and Congressman Sabo 
for including many of the items I requested in the Homeland Security 
report. The following report language addresses serious issues raised 
during

[[Page 9782]]

 subcommittee hearings with representatives of the Department of 
Homeland Security.
  (1) The report language addresses the need to continue the use of 
Legal Orientation Programs in Immigration and Customs Enforcement, ICE, 
detention centers around the country. Legal Orientation Programs are 
legal presentations given to persons in immigration detention, prior to 
a first hearing before an immigration judge by nongovernmental 
agencies. The presentations facilitate access to justice for detained 
immigrants in removal proceedings. The program also saves money on 
immigration detention and makes the Immigration Court more efficient.
  (2) The report recognizes the success of the Intensive Supervised 
Appearance Program, ISAP, which prevents families from being detained 
in jail. The bill includes an additional $5 million for the expansion 
of this program.
  (3) The report expresses concern regarding reports that children 
apprehended by DHS continue to be separated from their parents. The 
committee's report language encourages ICE to work with reputable 
nonprofit organizations to consider allowing family units to be placed 
in the Intensive Supervised Appearance Program. If detention is 
necessary, the report language encourages ICE to house family members 
together in nonpenal, home-like environments until the conclusion of 
their immigration proceedings.
  (4) The report includes language that expresses concerns regarding 
recent media reports of health care deficiencies at ICE detention 
facilities. The committee's report language correctly directs ICE to 
report on the activities it undertakes to ensure compliance with 
detention standards.
  (5) The report highlights concerns with the backlog at the National 
Records Center. This backlog results in few, if any, of the asylum 
applicants who requested their files through the Freedom of Information 
Act, FOIA, receiving their files in time to prepare for their 
appearance in immigration court. The report language directs 
Citizenship and Immigration Services to develop a plan to ensure that 
such requests are filled in a timely and expeditious manner.
  (6) The report expresses concern that the Department of Citizenship 
and Immigration Services has not issued regulations on the U-visa for 
immigrant victims of a crime. This visa was established 6 years ago in 
the Trafficking Victims Protection Act of 2000. Due to the lack of 
regulations, few victims have applied because only interim relief 
exists. The report directs CIS to report on its plan for issuing U-visa 
regulations.
  (7) I was pleased that the report recognizes the important efforts of 
the Directorate of Science and Technology, S&T, to encourage 
universities to become centers of multi-disciplinary research on 
homeland security issues. An outstanding example of such a center is 
the University of Southern California's Center for Risk and Economic 
Analysis in Los Angeles. Given the high threat of acts of terrorism to 
large cities like Los Angeles, these centers can help prioritize 
countermeasures to terrorism, by computing relative risks among 
potential terrorist events and by identifying where homeland security 
investments can be most effective.
  (8) I am also pleased that Customs and Border Protection is directed 
to report on their plans to address the increased workload at Ontario 
International Airport and to provide quarterly reports to the House 
Committee on Appropriations and the House Committee on Homeland 
Security on international flight arrivals at Ontario that take customs 
longer than the standard 60 minutes to process.
  (9) The report includes language that expresses concern about reports 
that unaccompanied alien children are being detained in unacceptable 
conditions, such as jail-like facilities, and not routinely transferred 
within the required 3-5 day timeframe from DHS custody to the Office of 
Refugee Resettlement, ORR. The report directs ICE to immediately 
contact ORR upon apprehension of children and to ensure ORR gains 
custody within 72 hours.
  (10) When the age of an unaccompanied alien child is unknown, the 
report directs ICE to consider using holistic age-determination 
methodologies recommended by medical and child welfare experts. These 
methodologies recommend taking into account the child's physical 
appearance and psychological maturity, rather than relying exclusively 
on forensic evidence.
  (11) The report expresses concern about the dearth of repatriation 
services for unaccompanied alien children. These children are removed 
from the United States to face uncertain fates in their homelands. The 
report urges the Department, in close consultation with the Department 
of State and ORR, to develop policies and procedures to ensure the safe 
repatriation of these children to their country of origin including 
placement with family or a sponsoring agency.
  (12) I am very grateful that Chairman Rogers once again included 
language I drafted to prevent the Department of Homeland Security from 
moving forward with its potentially dangerous plan to privatize key 
immigration officer positions at the Bureau of Citizenship and 
Immigration Services. Officers currently filling these positions are 
responsible for handling classified information used to prevent fraud 
and exploitation of our immigration laws. I am thankful that this 
inherently governmental work will continue to remain the responsibility 
of trained and experienced Federal employees directly accountable to 
the Department and not to the bottom line of a private company.
  (13) I am pleased that the report recognizes the important work of 
Operation Archangel, located in my home city of Los Angeles. Operation 
Archangel is a national model for protecting critical infrastructure. 
The Department should continue this important program and replicate it 
throughout the country.
  Lastly, I commend Chairman Rogers for withholding funds from DHS 
until it meets its obligations to this Congress and to the American 
people. It is a tragedy that the Department of Homeland Security is so 
dysfunctional that the chairman had to take this step. I congratulate 
him for standing up for the safety of our Nation and the American 
people. As he has said on numerous occasions, those who seek to do us 
harm only have to do their job right occasionally. We have to do our 
jobs to protect America 100 percent of the time. To date, the 
Department is far from reaching that 100 percent mark.
  Mr. Chairman, I support this bill because in spite of its 
deficiencies, Chairman Rogers has done his best to effectively allocate 
the limited funds he was given to help ensure our country's safety. 
Fully addressing critical national security concerns requires resources 
that the administration simply did not propose and which the Republican 
majority did not provide in this bill. While this bill is an 
improvement over the administration's request, it nevertheless is 
lacking in fully meeting our critical homeland security needs.
  Mr. SABO. Mr. Chairman, I yield back the balance of my time.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield back my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he has 
printed in the designated place in the Congressional Record. Those 
amendments will be considered read.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 5441

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2007, for the Department of Homeland 
     Security and for other purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security, as authorized by section 102 of the 
     Homeland Security Act of 2002 (6 U.S.C. 112), and executive 
     management of the Department of Homeland Security, as 
     authorized by law, $95,884,000: Provided, That not to exceed 
     $40,000 shall be for official reception and representation 
     expenses: Provided further, That of the funds provided under 
     this heading, $10,000,000 shall not be available for 
     obligation until the Secretary of Homeland Security submits a 
     comprehensive port, container, and cargo security strategic 
     plan to the Committee on Appropriations and Committee on 
     Homeland Security of the House of Representatives that 
     requires screening all inbound cargo, doubles the percentage 
     of inbound cargo currently inspected, sets minimum standards 
     for securing inbound cargo, and includes the fiscal year 2007 
     performance requirements for port, container, and cargo 
     security as specified in the report accompanying this Act: 
     Provided further, That the Secretary is directed to submit 
     the Secure Border Initiative multi-year strategic plan to the 
     Committee on Appropriations and the Committee on Homeland 
     Security of the House of Representatives no later than 
     November 1, 2006 that includes: a comprehensive mission 
     statement; an identification of long-term goals; an 
     explanation of how long-term goals will be achieved; schedule 
     and resource requirements for goal achievement; an 
     identification of annual performance goals and how they link 
     to long-term goals; an identification of annual performance 
     measures

[[Page 9783]]

     used to gauge effectiveness towards goal achievement by goal; 
     and an identification of major capital assets critical to 
     program success.


                     Amendment Offered by Mr. Sabo

  Mr. SABO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Sabo:
       In title I, in the item relating to ``Office of the 
     Secretary and Executive Management'', after the aggregate 
     dollar amount, insert the following: ``(reduced by 
     $3,000,000)''.
       In title I, in the item relating to ``Office of the Under 
     Secretary for Management'', after the aggregate dollar 
     amount, insert the following: ``(reduced by $15,000,000)''.
       In title III, in the item relating to ``Office of Grants 
     and Training--firefighter assistance grants''--
       (1) after the first dollar amount, insert the following: 
     ``(increased by $111,000,000)'';
       (2) after the second dollar amount, insert the following: 
     ``(increased by $41,000,000)''; and
       (3) after the third dollar amount, insert the following: 
     ``(increased by $70,000,000)''.
       In title III, in the item relating to ``Federal Emergency 
     Management Agency--disaster relief'', after the aggregate 
     dollar amount, insert the following: ``(increased by 
     $14,000,000)''.
       In title IV, in the item relating to ``Science and 
     Technology--research, development, acquisition and 
     operations'', after the aggregate dollar amount, insert the 
     following: ``(reduced by $107,000,000)''.

  Mr. SABO (during the reading). Mr. Chairman, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Minnesota?
  There was no objection.
  Mr. SABO. Mr. Chairman, I offer this amendment on behalf of myself, 
Mr. Hoyer, Mr. Sweeney, Mr. Weldon of Pennsylvania, Mr. Andrews, Mrs. 
Jones of Ohio, Mr. Murphy, Mr. Pascrell and Mr. Bradley of New 
Hampshire.
  This amendment increases by $111 million funding for the fire grant 
and SAFER programs, bringing appropriations to these programs to 
slightly above the 2006 level.
  Fire and SAFER grants funding in the bill is currently $109 million, 
or 17 percent below 2006. The bill funds the regular grant program at 
$500 million, $40 million below 2006, and the SAFER program is funded 
at $50 million in the bill, which is $69 million below the 2006 funding 
level.
  My amendment would eliminate these fire grant cuts. The amendment is 
offset with reductions in the Office of the Secretary and Executive 
Management, some from the Office of the Under Secretary for Management, 
and some from the funding for the Science and Technology Directorate. 
The funds from the Science and Technology are from $246 million in 
unobligated funding that is carried into 2006, and it is likely a large 
portion will carry into 2007, which is why I think the 2007 funding can 
be reduced.
  Mr. Chairman, it is a good amendment and I urge its adoption.
  Mr. SWEENEY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise in strong support of the Sabo-Sweeney amendment 
and would urge its adoption.
  Let me just say this. This amendment restores funding that I think is 
key and essential. First responders are our frontline defense in 
homeland security, critically important in so many ways for rural, 
urban and suburban communities.
  I know, for example, as a New Yorker that, on preparedness issues, 
both the SAFER Act and the firefighter grant dollars have been 
essential towards us prospectively and proactively preparing folks on 
the ground to really meet the needs of the community and really meet 
the needs of the Nation and making us prepared.
  So I could not urge my colleagues more strongly to be supportive of 
this amendment and would ask that it be adopted.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. SWEENEY. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, the gentleman makes an awfully 
good case. The firefighters, of course, are extremely important in our 
Nation's efforts to defend itself, and this funding is vital. The 
gentleman and all the gentlemen make a good point, and I am prepared to 
accept the amendment. I would hope that we could conserve some time by 
doing that, but I thank the gentleman for yielding.
  Mr. SWEENEY. Mr. Chairman, I thank the chairman. I also should point 
out that the chairman has worked very hard with all of us, both last 
year and this year, to make this a reality.
  Mrs. JONES of Ohio. Mr. Chairman, I move to strike the last word.
  I ask unanimous consent to include my statement in the Record in 
support of the amendment.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from Ohio?
  There was no objection.
  Mrs. JONES of Ohio. I rise in strong support the Sabo/Hoyer/Weldon/
Tubbs Jones amendment. This amendment restores $41 million dollars to 
the Assistance to Firefighter Grant (AFG) Program and funds the 
Staffing for Adequate Firefighters and Emergency Response (SAFER) 
program at $70 million, which was zeroed out of the FY07 budget.
  Adopting this amendment sends a clear message to our first responders 
that we appreciate the work that they do in serving emergency needs of 
our communities and nation.
  The AFG program awards grants directly to state fire departments to 
enhance their ability to protect the health and safety of the public 
and firefighting personnel, particularly with respect to fire and fire-
related hazards.
  In the State of Ohio, 251 fire departments received over $27 million 
during the 2005 fiscal year.
  The AFG program effectively meets the needs of firefighters around 
the country. It is especially necessary in the wake of 9/11 and 
Hurricanes Katrina and Rita, as firefighters are our first line of 
defense when dealing with national disasters.
  The SAFER program provides much-needed funding for career and 
volunteer fire departments across America to hire new firefighters and 
recruit and retain volunteer firefighters. This program is critical to 
the thousands of fire stations across the country that are currently 
operating short of staff.
  The SAFER program allows fire departments throughout the country to 
apply for federal grants to hire and pay new firefighters for five 
years. In addition, grants have been awarded to state and local 
organizations to recruit and retain volunteer firefighters.
  In March, I along with several of my Ohio colleagues sent a letter to 
the Budget Committee as well as the Homeland Security Appropriations 
Committee to express our opposition to the President's Budget which cut 
the Assistance to Firefighter Grant Program by over 50 percent and 
eliminated funding for the SAFER program. In addition, I signed onto a 
letter with my colleague, Mr. Hoyer to express my support for 
additional funding for these programs.
  I am happy to see that the Committee has restored some of the funding 
to the AFG Program, but I believe more can be done.
  Mr. Chairman, I understand the challenges and budgetary constraints 
that Congress is faced with. However, cutting programs that assist 
first responders at a time when homeland security is vital should be 
reconsidered.
  I thank my colleagues Mr. Olav Sabo, Mr. Hoyer and Mr. Weldon for 
their work on this issue. I strongly urge you to restore funding to the 
AFG and SAFER Grant Programs through the adoption of this amendment.
  Mr. PASCRELL. Mr. Chairman, I move to strike the last word.
  I ask unanimous consent to enter my statement into the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New Jersey?
  There was no objection.
  Mr. PASCRELL. Mr. Chairman, I would like to commend Chairman Rogers 
and Ranking Member Sabo for all the hard work they have put into 
bringing this bill to the floor.
  Homeland Security is a relatively new discipline for this body and in 
a short amount of time my friends from Kentucky and Minnesota have 
proven to be experts in this field.
  Likewise, I want to publicly acknowledge Congressman Weldon, 
Congressman Hoyer and Congressman Andrews for the leadership they have 
displayed in enhancing our nation's security.
  This amendment is another example of all our work to increase our 
emergency preparedness and response capabilities--and I ask all Members 
for their support.


                         Firefighter Challenges

  10,000 fire engines are at least 30 years old. 27,000 fire stations 
in the country have no

[[Page 9784]]

back-up power; two-fifths of all departments lack internet access.
  The majority of portable radios that firefighters use are not water 
resistant.
  Currently two-thirds of all fire departments throughout America 
operate with inadequate staffing.
  In communities of at least 50,000 people, 38 percent of firefighters 
are regularly part of a response that is not sufficient to safely 
respond to a structure fire because of a lack of staffing. This is 
unconscionable.


                             The Amendment

  This amendment helps to tackle these problems. It provides an 
additional $111 million for Firefighter grants. Of this money, $41 
million will go to the base Firefighter Grant Program and $70 million 
will go to the Staffing for Adequate Fire and Emergency Response 
(SAFER) program.
  This additional funding is $2 million above the FY06 level for these 
programs.
  Fire Grants provide money directly to local departments for 
equipment, training, and safety programs and have been an enormous 
boost to first responder readiness since its inception.
  Likewise, the SAFER Act provides annual grants for the purpose of 
hiring, recruiting and retaining career and volunteer firefighters.
  To be sure, Congress has made great strides to provide assistance for 
our firefighters--but still more needs to be done.
  There's a reason the FIRE Grant program had 20,300 applications 
containing close to $3 billion in requested assistance from departments 
across the country this year.
  And at a time when local jurisdictions are facing tough budget 
decisions and departments all across the country are laying off 
firefighters, this amendment couldn't come at a better time.
  I implore support from my colleagues.
  Mr. HOYER. Mr. Chairman, I want to thank Congressmen Martin Sabo and 
Curt Weldon for their leadership not only on this amendment, but also 
on so many issues of importance to our Nation's fire service.
  I also want to express my sincere appreciation to chairman Rogers for 
his support of our first responders and his assistance in bringing this 
important amendment to the floor.
  Finally, I would be remiss if I did not recognize the contributions 
that Bill Pascrell has made to our Nation's firefighters, notably his 
authoring of the original legislation to establish the assistance to 
the firefighters grant program.
  Mr. Chairman, this amendment provides much-needed increases to both 
the fire grant and safer programs, and it moves us closer to fulfilling 
our obligation to ensure that our Nation's firefighters have the 
resources necessary to guarantee their own safety--and to allow them to 
better serve each of our communities.
  This amendment brings the funding in the bill to $651 million--$541 
million for fire grants and $110 million for safer.
  This is $357.6 million above the level requested by the president, 
and is a reflection of congress's commitment to ensuring that our fire 
departments are properly staffed, trained and equipped.
  However, these amounts are still well below the authorized levels, 
and far from meeting the needs of the fire service.
  Thus, we must continue to work to increase the funding levels for 
each of these programs--this year and in the future.
  The fire grant program was established by congress in 2000 to meet 
the basic equipment, training and firefighter safety requirements of 
America's fire service, and to bring all fire departments to a baseline 
of readiness to respond to all hazards.
  The fire grant program has been a tremendous success, and congress 
has provided more than $3.5 billion for infrared cameras, HAZMAT 
detection devices, modern breathing apparatuses, improved training and 
physical fitness programs, new turnout gear, fire trucks, and 
interoperable communications equipment, to name but a few items.
  The simple fact is that the equipment and training provided by these 
grants have saved the lives of firefighters and average citizens in 
communities across America, and I am proud to have played a role in 
establishing and funding this program.
  The safer program--authorized 3 years ago and funded for--is a vital 
complement to the fire grant program because insufficient staffing, 
defined by the national fire protection association as fewer than four 
firefighters per apparatus, is a very real problem for far too many of 
the nation's career and volunteer fire departments.
  Responding with fewer than four firefighters per apparatus prevents 
the first responder unit from complying with OSHA's ``2-in/2-Out'' 
standard for safe fire ground operation, and adds unnecessary risk to 
the already dangerous job of fire suppression.
  NFPA estimates that an additional 75,000 firefighters are required 
across the country, and the additional funding we provide today will 
help move us closer to that goal.
  Mr. Chairman, we have an obligation to provide our firefighters with 
the necessary resources to perform their jobs as safely and effectively 
as possible.
  With the adoption of this amendment, and our continued support of the 
fire grant and safer programs, we fulfill this obligation made by 
firefighters across our Nation.
  Again, I thank Chairman Rogers for accepting this amendment, and for 
his leadership and continued support of the Nation's firefighters.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Minnesota (Mr. Sabo).
  The amendment was agreed to.


                   Amendment Offered by Mr. Kucinich

  Mr. KUCINICH. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Kucinich:
       On page 2, line 9, after the dollar amount insert 
     ``(reduced by $500,000)''.
       On page 34, line 6, after the dollar amount insert 
     ``(increased by $500,000)''.

  Mr. KUCINICH. Mr. Chairman, my amendment funds FEMA to conduct a 
comprehensive study of the increase in demand for FEMA's emergency 
response and disaster relief services as a result of weather-related 
disasters associated with global warming during the next 5, 10 and 20 
years. The assessment will include an analysis of the budgetary 
material and manpower implications of meeting such increased demand for 
FEMA services.
  Now, we have been warned that we should expect to see more extreme 
weather like the severe rainstorms and snowstorms that come in El Nino 
season. We have been warned that we will see stronger hurricanes and 
hurricanes with more total rainfall. Some say we should expect more 
frequent hurricanes. We have been warned to expect heat waves. We have 
been told to expect melting glaciers, rising sea levels swallowing low-
lying land in places like Bangladesh, Florida, the gulf coast and 
Manhattan.
  We have been warned that rising temperatures will force infectious 
diseases to move north or upwards in elevation to expose previously 
unexposed and therefore defenseless populations.
  We have been warned that droughts will intensify and lengthen, 
straining already strained water supplies and bringing crop failures, 
droughts and also place those areas at greaser risk for wildfires.
  These warnings come from the most respected, most credible, most 
well-studied scientists this world has to offer. It turns out they have 
been right. The 10 hottest years on record have occurred in the last 15 
years. We have had two consecutive record-breaking hurricane seasons, 
and all signs point to another one this year.

                              {time}  1630

  The polar ice cap is melting. Greenland's ice cap is melting. 
Permafrost in Alaska is thawing, causing homes to crumble. Residents of 
low-lying islands, like Tuvalu have applied for entry into other 
countries as climate refugees and have been denied. West Nile virus 
from Africa has taken a toehold in the U.S. The European heat wave of 
2003 killed over 15,000 people. Carbon dioxide concentrations in the 
atmosphere are at record levels. Scientists say these levels may not 
have occurred in the last 400,000 years.
  These effects are directly in line with the warnings we have received 
from the scientific community. Even though it is difficult to attribute 
all of these effects, and several I haven't even mentioned, directly to 
climate change, some have been able to.
  A recent article in Nature blames half of the risk associated with 
the European heat wave on human-induced warming. The World Health 
Organization has estimated that 150,000 deaths every year can be 
attributed to climate change.
  Hurricane Katrina gave us another grim warning, telling us not only 
what we should expect but showing us what happens if we are not 
prepared. Katrina showed us that when disasters hit, the most 
vulnerable among us become even more vulnerable because they lack the 
resources and the access to cope. This

[[Page 9785]]

was made clear as image after image of those who were hit the hardest 
were people of modest means and people of color.
  In fact, during the Chicago heat wave of 1995, African Americans were 
twice as likely to die as whites. The elderly, many of whom could not 
afford air conditioning, made up most of the victims.
  Katrina showed us that disasters are expensive. We are on track to 
spend at least $80 billion in supplemental spending alone. The private 
sector is increasingly concerned as well. Insurance companies, whose 
very existence relies on their predictive abilities, have seen enough 
to make them drop certain coverage and conduct campaigns to try to 
reduce our greenhouse gas emissions. And reinsurance companies in 
particular have taken a leadership role in promoting action on climate 
change out of enlightened self-interest.
  Hurricane Katrina showed us that an unprepared FEMA costs time, 
money, and lives. We cannot merely look for ways in which FEMA failed 
to do its job in the gulf coast. We have to allow FEMA to take into 
account the realities of the challenges that await them.
  At the moment, we can still choose which policy options we want to 
exercise. We can deal with the effects of climate change in one of two 
ways: we can acknowledge the extraordinary challenges before us and 
prepare for them, voluntarily and aggressively, but steadily, 
predictably, and controllably; or we can continue to create policies as 
if there is no problem and wait for the changes to control our pace of 
adaptation. The choice is ours.
  Let FEMA prepare for the task ahead. Vote ``yes'' on the Kucinich 
amendment.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  Mr. Chairman, I have grave concerns about directing FEMA to predict 
over the next 20 years the effects of global warming on disasters and 
on FEMA's disaster relief services. FEMA's efforts should be focused on 
improving their capabilities to coordinate the Federal response to 
major domestic disasters and emergencies of all types.
  According to the Department of Homeland Security, neither the 
Department nor FEMA has the personnel nor the expertise to conduct such 
a study. Global warming is not a homeland security priority, and we 
should not expect FEMA to take on that tremendous responsibility.
  So I urge Members to vote against this amendment.
  Mr. SHAYS. Mr. Chairman, I rise in support of this amendment, which 
would provide funding for FEMA to conduct a comprehensive study of its 
emergency response and disaster relief services as a result of weather-
related disasters associated with global warming.
  There is no doubt in my mind that global warming is happening and 
that man is contributing to it. Now, it is our responsibility to work 
to mitigate the impacts of potentially catastrophic climate change.
  2005 is currently tied with 1998 for the warmest year on record. 
However, the warmth in 2005 is remarkable because, in contrast to 1998, 
it was not boosted by El Nino. And since 1990, we've had the 10 hottest 
years on record.
  Hurricanes are getting stronger, heat waves are hitting harder and 
more often, and the polar ice cap and Greenland's ice are melting. 
Several weeks ago, the Northeast saw some of the worst flooding in 70 
years, and the strength of Hurricane Katrina created a tragedy of 
Biblical proportions. These examples of what climate change can do tell 
us we must act now before another disaster hits.
  We need to address climate change with concerted action and with 
bipartisan dialogue, regional cooperation and an alliance between 
industry and environmentalists.
  The threat from global warming is very real, and we must act now to 
combat potentially catastrophic climate change. We cannot leave this 
legacy to our children and grandchildren. We simply will not have a 
world to live in if we continue our neglectful ways.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Kucinich).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. KUCINICH. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Ohio will be postponed.
  Are there further amendments to this paragraph?
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I certainly want to start by commending the chairman 
for his work on this bill, and I rise today to support the Sabo 
amendment. Because the debate moved along so quickly, I wasn't able to 
enter my statement into the Record, but this vital amendment would 
increase funding for our Nation's firefighters by over $111 million 
dollars above the base bill. It is a very important amendment.
  Every day in New Hampshire professional firefighters are responding 
to emergencies and saving lives. Two weeks ago, over 12 inches of rain 
in my State fell in between 36 and 48 hours, flooding much of New 
Hampshire. It was professional firefighters, volunteer firefighters, 
and other first responders that were on the front lines saving lives in 
New Hampshire, making sure that people were safe and were able to 
return to their homes.
  That is why this amendment is so important to the firefighters in my 
State, and I thank the chairman for allowing me to strike the last word 
and entering this supporting statement in the Record.
  I rise today in support of the Sabo amendment, which I am a cosponsor 
of. This vital amendment would increase funding for our Nation's 
firefighters by $111 million over the base bill, and in particular add 
$70 million for the Staffing for Adequate Fire and Emergency Response 
(SAFER) Act.
  Every day in New Hampshire, professional firefighters are responding 
to emergencies and saving lives, but they are doing so while 
understaffed. National standards call for 4 to 5 firefighters to 
respond to emergencies on a fire engine or ladder truck, yet in my 
district many times as few as 2 respond on a piece of fire apparatus. 
This amendment will help give departments the resources to hire 
additional firefighters through a grant program. This will help 
firefighters across our Nation better protect residents.
  Two weekends ago over 12 inches of rain fell in 36 to 48 hours 
flooding much of New Hampshire. During this disaster, the Professional 
Firefighters of New Hampshire, the volunteer firefighters, police and 
National Guard troops responded immediately, effectively and 
courageously. In Londonderry, the firefighters rescued a young boy from 
the surging flood waters, saving his life, while risking their own. In 
Milton, Rochester, and Somersworth fire chiefs responsible for managing 
dams on the Salmon Falls River did so in such a way so that several 
thousand residents were able to safely evacuate without any loss of 
life. In Dover, the work of the fire department saved a bridge and 
retaining walls in the center of the city, that had they failed, could 
have severely damaged a converted mill building in which 5,000 people 
work. These are just several examples of the heroism that all of New 
Hampshire's professional firefighters and other first responders 
displayed during a very trying time for my state. I applaud their 
heroism.
  In every state firefighters protect us every day. It is our 
responsibility to increase funding for the SAFER ACT by $70 million to 
better provide the resources firefighters need to continue to do their 
jobs safely and effectively.
  I urge the adoption of this amendment, and praise Mr. Sabo and Mr. 
Weldon for bringing this to the floor for a vote.


              Amendment No. 1 Offered by Mr. Brown of Ohio

  Mr. BROWN of Ohio. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Brown of Ohio:
       In the item relating to ``DEPARTMENTAL MANAGEMENT AND 
     OPERATIONS--Office of the Secretary and Executive 
     Management'', after the first dollar amount, insert 
     ``(increased by $500,000) (reduced by $500,000)''.

  Mr. BROWN of Ohio. Mr. Chairman, this amendment is based on a simple, 
commonsense idea: it is easier to avoid an iceberg if you see the 
iceberg coming.
  We didn't see the UAE ports deal coming. We didn't see the Chinese 
effort to acquire UNOCAL coming. We didn't see the Bahamas nuclear 
security outsourcing contract coming. These business deals all raise 
serious

[[Page 9786]]

homeland security concerns, but the bigger homeland security issue may 
be free trade agreements.
  Trade agreements open our markets to be sure, as they should, but 
they also open our ports, our infrastructure, and our transportation 
lines. The United States Trade Representative recently concluded free 
trade agreements with Peru and with Colombia. Peru is home to two 
groups listed by the State Department as foreign terrorist 
organizations. Colombia is home to three groups listed by the State 
Department as foreign terrorist organizations. Yet U.S. law does not 
require any systematic review of security issues raised by these or any 
other free trade agreements.
  It doesn't have to be that way. We need not simply vote for a trade 
agreement and then keep our fingers crossed hoping that there are no 
security concerns around it or attached to it. My amendment, the Trade 
Related American National Security Enhancement and Accountability 
Amendment, offers a responsible alternative. It simply reduces the 
Department of Homeland Security Management and Operations funding by 
$500,000 then increases it by the same amount.
  The intent is to earmark these funds for the Department of Homeland 
Security to, one, coordinate with the Justice Department and the State 
Department on a security review of the Peru free trade agreement and 
the Colombia free trade agreement; second, to analyze and report to 
Congress on any security issues raised by these agreements.
  This amendment would in no way delay the implementation of either 
free trade agreement, but it would give Congress a look at the security 
issues raised by these agreements.
  If you believe, as I do, that avoiding the iceberg is easier if you 
see it coming, please join me in supporting this commonsense reform.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  I understand the gentleman's concern, but would point out that such 
determinations are the work of the U.S. Trade Representative. This 
amendment would have more value if considered in the context of a bill 
that authorizes or funds the U.S. Trade Representative or the 
Department of State. As these activities are outside the jurisdiction 
of the Department of Homeland Security, that would require a new 
authorization.
  Finally, the Department is still focusing on its primary 
responsibilities of protecting the homeland and has little expertise in 
making determinations about liability or trade activities.
  For those reasons, I urge Members to vote against the amendment.
  Mr. KUCINICH. Mr. Chairman, I move to strike the last word, and I 
rise in support of the Brown amendment.
  The Brown amendment does something that I think is really essential 
in that it links homeland security to free trade agreements. We cannot 
ignore the broad effects of our trade agreements on our national 
security, and that is what Mr. Brown is seeking to demonstrate here.
  It seems we have a lack of awareness in this Chamber about not only 
the effects of climate change on our homeland security but also the 
powerful economic effects of these trade agreements on our homeland 
security. I mean, frankly, when it comes to climate change, an 
administration study on the social life of the ostrich isn't going to 
suffice.
  We have to take a direction that shows we know there is a problem 
because of the effects. We are seeing the effects of these trade 
agreements on our economy. We already know where these trade agreements 
have taken our economy. We have over an $800 billion trade deficit. If 
that doesn't raise a question of homeland security, what does?
  Support the Brown amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Brown).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. BROWN of Ohio. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Ohio will be postponed.


                 Amendment Offered by Mr. King of Iowa

  Mr. KING of Iowa. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. King of Iowa:
       Page 2, line 9, after the dollar amount, insert the 
     following: ``(reduced by $40,000,000)''.
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced $60,000,000)''.
       Page 13, line 21, after the dollar amount, insert the 
     following: ``(increased by $100,000,000)''.

  Mr. KING of Iowa. Mr. Chairman, my amendment moves $40 million from 
the Office of the Secretary and Executive Management and $60 million 
from the Office of the Under Secretary of Management to construction 
under Customs and Border Patrol towards building a wall, a fence on our 
southern border. It sets up $100 million, $40 million from the one 
category and $60 million from the other category.
  This is a simple concept, Mr. Chairman. I have this demonstration 
here of just simply a precast concrete foundation that would be set in 
with a trencher and slip-form machine that would leave a slot in here. 
One could then take tongue-and-groove panels that would be 13\1/2\ feet 
long by 6 inches thick and drop them in here. It is a very fast and 
efficient construction method and a relatively cheap construction 
method. It is installable, it is removable, and it is impregnable, at 
least with the things we are seeing on the border today.
  I have taken a number of trips down to the border, have spent a 
number of nights on the border, and have observed what is going on down 
there; and I am be absolutely convinced that we will never get 
operational control of our border unless we are able to put in a human 
barrier that will be effective.
  There are $60 billion worth of illegal drugs that are coming across 
our southern border; and no matter what we do to put in a vehicle 
barrier or put another 6,000 Border Patrol troops down there, they will 
still infiltrate through. We can make their time far more effective by 
having a sealed human barrier.
  Mr. Chairman, I yield to the gentleman from North Carolina (Mr. 
McHenry).
  Mr. McHENRY. Mr. Chairman, I certainly appreciate my colleague from 
Iowa (Mr. King) for offering this amendment, and I certainly appreciate 
his leadership and dedication to this issue.
  I do want to commend Chairman Rogers on his dedicated leadership to 
putting together a strong homeland security bill which includes $30 
million to complete the San Diego border infrastructure system, 
including a fence there, as well as $8 million with the cost associated 
with the Arizona Border Control Initiative. Those are good things.
  What our amendment does is supplement that and adds $100 million by 
taking out money for bureaucrats sitting here in Washington that are 
not making this country safer by sitting in an office. We want to put 
fences out in the places that will be needed and necessary.
  This $100 million will stop this mass flow of illegal immigrants 
across our southern border. The 12 million illegals, 10 to 20 million, 
in this country, in fact, can attest to the ease by which you can cross 
over the border.
  I commend my colleague, Mr. King, for his dedicated leadership to 
this very important issue in stifling the flow of illegal immigrants 
across our southern border, and I urge my colleagues to support this 
initiative.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to this 
amendment.
  This bill provides significant resources for border security programs 
and is currently balanced among the many competing homeland security 
priorities. This amendment significantly upsets that balance and 
undermines the Department's ability to effectively integrate its 
business systems.

                              {time}  1645

  I have grave concerns about the offsets contained in this amendment, 
offsets that decimate DHS's management.

[[Page 9787]]

Taking $40 million, almost half of the Secretary's budget, would 
effectively shut down all planning and management from DHS leadership.
  We have already reallocated $50 million from the Office of Under 
Secretary to operational agencies in the bill itself. A $61 million 
reduction to this office would stop all work on the new personnel and 
payroll systems that are under development.
  The subcommittee carefully reviewed the President's request and made 
significant modifications in order to ensure all mission areas had 
sufficient resources.
  What this amendment does is unravel over 5 months of committee 
oversight. We have held 11 hearings this year, digging deep into the 
resource requirements of the Department and examining the most ominous 
threats facing the Nation. Almost without exception, all of the 
programs funded in this bill are critical. But what we can't afford to 
do is fund one program at the expense of all others.
  This bill provides significant border security resources, administers 
tough oversight, drives DHS to properly plan its work and improve our 
border security and immigration enforcement programs. I would hope that 
we would turn down this amendment.
  Mr. SABO. Mr. Chairman, I move to strike the word.
  I just wanted to rise and agree with the chairman. This is an 
amendment that should not be adopted. We have already spent additional 
significant resources on the border. We are also starting the SDI 
program, the Secure Borders Initiative. I happen to think it is not 
well planned, but my assumption is that programs like this would be 
part of whatever this grand scheme is that is being developed.


                         Parliamentary Inquiry

  Mr. SABO. Mr. Chairman, I would make a parliamentary inquiry of the 
Chair.
  The CHAIRMAN. The gentleman may state his inquiry.
  Mr. SABO. We made some modest cuts in the Office of Under Secretary 
in our first amendment as related to fire grants which was adopted 
which I thought was okay to do; but I notice a whole host of amendments 
are funded by additional cuts to that same office.
  I am curious if we roll votes and eventually there are more cuts than 
money exists, what happens? I understand this amendment takes an 
additional $60 billion out of the office. There are others coming with 
several million. There is a whole array of amendments, all of which 
take money from this particular office.
  The CHAIRMAN. The Chair would inform the gentleman that amendments 
already pending as unfinished business would be disposed of in due 
course.
  The question is on the amendment offered by the gentleman from Iowa 
(Mr. King).
  The amendment was rejected.


             Amendment Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Ms. Jackson-Lee of Texas:
       Page 2, line 9, after the dollar amount, insert the 
     following: ``(reduced by $3,000,000)''.
       Page 28, line 23, after the dollar amount, insert the 
     following ``(increased by $3,000,000)''.

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I ask my colleagues to listen 
because this is the Neighborhood Watch of homeland security, and every 
single Member has the Citizen Corps as established by the homeland 
security legislation a few years ago. The authorizing committee 
supports the Citizen Corps that is basically premised on securing the 
homeland in the neighborhoods.
  I simply want to come as close to the President's request as 
possible. The request the President made was $35 million. We have in 
this bill 0 amount for the Citizen Corps. We simply take a very, very 
small amount, Mr. Chairman, $3 million, to provide some comfort and 
relief to all of the community-based organizations that engage as part 
of the Citizen Corps for safety in the neighborhoods. It was a 
wonderful concept, and the concept was devised so everyone could be a 
stakeholder in the Nation's security. One of the few things that did 
work in the course of the 2005 hurricanes was the Citizen Corps. 
Members of the Citizen Corps helped train the tens of thousands of 
volunteers who showed up and asked for something to do. They are still 
working.
  I can recall as thousands upon thousands of evacuees began to enter 
into the city of Houston and the county of Harris, Mayor Bill White and 
Judge Robert Eckels, county government and city government relied upon 
the Citizens Corps established so all could be stakeholders.
  I am very proud that the National Volunteer Fire Council is 
supporting this legislation and asking colleagues to support it. We 
realize we have some very difficult times and some very difficult 
decisions to make, but I can assure you that the Citizen Corps 
implements five programs around the United States: community emergency 
response team; the medical reserve corps; the Neighborhood Watch 
program; the Volunteers in the Police Service and the Fire Corps.
  I can remember after 9/11 when we began to tell Americans watch for 
suspicious packages, watch for suspicious persons, be part of the 
security of the Nation. That is the concept of the Citizen Corps. This 
does not undermine the underpinnings of this bill. In fact, it enhances 
it. It reaffirms volunteerism and makes Americans a partner in their 
own homeland security.
  I know we cannot provide the $35 million that the President has asked 
for. I wish we could. This just gives an extra $3 million. That may 
fund one or two more National Volunteer Fire Councils, one or two more 
Citizen Corps. I can assure you when your communities hear about 
Citizen Corps, they will want to have it.
  Just a few weeks ago in our community, the Citizen Corps planned a 
city-wide preparedness effort. People from all walks of life, all 
neighborhoods, all economic levels worked together to provide security 
for their communities.
  We can do that all over the Nation. Members, if they just ask the 
question to their county government or city government, they will find 
out that Citizen Corps is alive and well. This money is their lifeline. 
This money keeps them going. This money provides them educational 
outreach. It provides the money for the Neighborhood Watch program, the 
Volunteers to the Police Service and the Fire Corps. I ask my 
colleagues to support this.
  I appreciate the work of the ranking member and the chairman. I would 
ask my colleagues to not forget the National Volunteer Fire Council and 
all of those volunteers that come under the Citizen Corps. Let us help 
them get to the next step and provide security for the United States. I 
ask my colleagues to support this amendment.
  This amendment seeks to increase funding for the Homeland Security 
Citizens Corps by $3 million from $0 million to $3 million. The program 
has been widely regarded as effective and President Bush requested that 
it be funded in the amount of $35 million. For more information on the 
program, visit www.citizenscorps.gov.
  One of the few things that did work in the course of the 2005 
hurricanes was the Citizen Corps. Members of the Citizen Corps helped 
organize and train the tens of thousands of volunteers who showed up 
and asked for something to do.
  The Harris County, Texas Citizen Corps Council implements five 
programs: the Community Emergency Response Team, the Medical Reserve 
Corps, the Neighborhood Watch Program, the Volunteers in Police 
Service, and the Fire Corps.
  The volunteers who participate in these programs help support our 
emergency responders year round and they provide a trained surge 
capacity in times of crisis.
  The Harris County Citizen Corps Council also conducts outreach to 
educate the general public about the hazards we face and the county's 
emergency operations plan, including evacuations and considerations for 
people with disabilities, language and cultural barriers, and economic 
challenges.
  I urge my colleagues to support this amendment to increase the 
funding, as President Bush has requested, for the Citizen Corps in 
order to train our citizens to become better prepared for whatever the 
future holds.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.

[[Page 9788]]

  Mr. Chairman, Citizen Corps was originally established to create the 
Citizens Preparedness Guidebook to give Americans guidance on how to 
prepare in their homes, neighborhoods, workplaces, and public spaces. 
That work has been done.
  Citizen Corps Councils are redundant. Work is being performed by 
State and local homeland security emergency preparedness offices. State 
offices are now robust enough after 9/11 to assess threats, help with 
community planning, evacuation and the like. These are government 
functions, not volunteer functions.
  Citizen Corps functions are funded through other sources. Money comes 
to them from the Department of Justice through its Neighborhood Watch 
programs, its volunteers and police service programs, and the 
Department of Health and Human Services through its medical reserve 
program.
  The subcommittee's 302(b) allocation could not accommodate all of the 
President's requests. The allocation of $32 billion does not fully 
adjust for the proposed increase in aviation passenger fees generating 
$1.3 billion in new revenue. Therefore, the committee has had to make 
some very tough choices, and this is one of them.
  So I urge my colleagues to oppose the gentlewoman's amendment.
  Mr. CROWLEY. Mr. Chairman, I move to strike the last word.
  I support the Citizen Corps and yield to the gentlewoman from Texas.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I am very cognizant of the 
very difficult choices of this subcommittee. We had difficult choices 
in the authorizing committee.
  But I would say to the distinguished gentleman, with all due respect, 
the President did not think that this allocation of $35 million which 
we were not able to give was redundant.
  Also the Homeland Security Department likewise continues to promote 
the Citizen Corps, particularly through the National Fire Council.
  The whole fabric and framework of America changed after Hurricane 
Katrina and Hurricane Rita. We saw the value of the Citizens Corps in 
the midst of the hurricane. I cannot tell you the vastness of the 
support that came to a city and a county like Houston and Harris County 
when thousands upon thousands of evacuees, and I might imagine that 
happened to New York and Dallas and Los Angeles, it was the Citizen 
Corps that did the heavy lifting.
  I would ask my colleagues with respect to the challenges of this 
particular appropriations to consider this amendment and consider those 
volunteers on the ground. Do not let the National Council of Fire 
Volunteers down. This is their source of funding. I ask my colleagues 
to support this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson-Lee).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from Texas will be 
postponed.


                   Amendment Offered by Mr. Langevin

  Mr. LANGEVIN. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Langevin:
       Page 2, line 9, after the dollar amount insert ``(reduced 
     by $3,000,000)''.
       Page 3, line 15, after the dollar amount insert ``(reduced 
     by $33,000,000)''.
       Page 42, line 16, after the dollar amount insert 
     ``(increased by $36,000,000)''.

  Mr. LANGEVIN. Mr. Chairman, today I rise to ask all Members to fully 
fund the Domestic Nuclear Detection Office within the Department of 
Homeland Security.
  My amendment will add $36 million to the DNDO for a total of $536 
million, the exact amount requested by the President. My amendment 
would increase the funding to the amount authorized also by the Safe 
Ports Act which passed this House just a few weeks ago by the 
overwhelming margin of 421-2.
  The DNDO was created within the Department of Homeland Security to 
develop, acquire and deploy the global nuclear detection architecture 
to prevent nuclear material from being smuggled into our country. The 
office coordinates with a variety of public and private sector 
organizations, including the Departments of Defense, Energy and State, 
the FBI, State, local and tribal governments. The office is jointly 
staffed by experts from many of these agencies.
  As the ranking member of the Homeland Security Subcommittee on the 
Prevention of Nuclear and Biological Attack, I have to say, Mr. 
Chairman, I am kept awake at night by the fear that a terrorist could 
smuggle nuclear material across our borders to detonate a bomb in one 
of our cities.
  These radiation detectors are our last best chance to prevent a 
catastrophic nuclear or radiological attack, and our intelligence 
analysts tell us the threat is very real.
  The DNDO is already in the process of deploying radiation detectors 
at our border crossings, ports and other points of entry. They have a 
goal of deploying more than 3,000 of these detectors by 2009.
  But I believe the risk is too great to wait until 2009. Worse yet, a 
recent GAO report stated that the DNDO could not even meet the 2009 
goal without additional funding. An additional $36 million will help 
speed the deployment and the development of radiation portal monitors, 
handheld and mobile radiation detectors, and the next generation 
advanced spectroscopic portals, which all provide a varying range of 
detection capability.

                              {time}  1700

  Mr. Chairman, I have great faith in the DNDO, but they need 
sufficient resources to complete their vital mission. Every year we 
spend more than $9 billion in missile defense. Surely, we can spend an 
additional $36 million to prevent nuclear smuggling, which intelligence 
analysts insist is a far greater threat.
  Earlier this afternoon, I had the opportunity to question Vayl 
Oxford, President Bush's appointee to direct the DNDO, at our 
subcommittee hearing. He indicated that without full funding, DNDO 
would have to scale back valuable short- and long-term research and 
development projects that will lead to the next generation detection 
equipment, which will be faster and more accurate.
  My amendment is offset by the Office of the Secretary and Executive 
Management by $3 million and the Office of Undersecretary for 
Management by $33 million.
  Mr. Chairman, the threat of nuclear smuggling is too important to 
ignore. I ask my colleagues to join me in fully funding the Domestic 
Nuclear Detection Office to develop and deploy detectors before we miss 
our opportunity to prevent nuclear material from being smuggled into 
our country, and ultimately, it will allow us to save lives.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  Mr. Sabo, here we go again, another amendment to take money from the 
Office of Secretary and Executive Management and the Office of the 
Under Secretary for Management. As Mr. Sabo has pointed out earlier, if 
we keep cutting this office, there will not be any office.
  The gentleman's amendment would want to increase funding for DNDO by 
$36 million. Our bill already provides, Mr. Chairman, a 59 percent 
increase for this office above the current level. The committee reduced 
funding for DNDO below the budget request because we had concerns with 
two specific programs, Surge, s-u-r-g-e and transformational research. 
The Surge program is an effort to purchase and restore equipment for 
use in times of need, a good idea for a more mature program.
  But at this point, resources are needed for detectors on the front 
lines. Transformational Research, though trimmed, is still an increase 
of 50 percent over last year. I think we are doing the best we can do 
by this office at this time.
  I oppose the amendment.

[[Page 9789]]

  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Rhode Island (Mr. Langevin).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. LANGEVIN. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Rhode Island will be 
postponed.


                    Amendment Offered by Mr. Stupak

  Mr. STUPAK. Mr. Chairman, I offer an amendment.

       The Clerk read as follows:
       Amendment offered by Mr. Stupak:
       Page 2, line 9, after the dollar amount, insert the 
     following: ``(reduced by $5,000,000)''.
       Page 14, line 6, after the dollar amount, insert the 
     following: ``(increased by $5,000,000)''.

  Mr. STUPAK. Mr. Chairman, our Nation's families face a growing threat 
from the proliferation of child exploitation and pornography on the 
Internet. One in five children report having been sexually solicited on 
the Internet; 3.5 million pornographic images of children of American 
children are now estimated to be in circulation on the Internet. This 
is a rapidly growing problem and one which has already grown far beyond 
what most Americans are aware of.
  Last year alone, child pornography brought traffickers $20 billion in 
profits as compared to only $3 billion for legitimate Internet music 
sales. The Energy and Commerce Subcommittee on Oversight and 
Investigations on which I sit as the ranking member recently held 
hearings to highlight this growing threat.
  During the course of these hearings, members of the subcommittee had 
a chance to hear about the excellent work the Immigration and Customs 
Enforcement Cyber Crime Center is doing to combat child exploitation. 
Since the center was founded in 2003, less than 3 years ago, its work 
has resulted in arrests of over 7,500 child predators.
  The Cyber Crimes Center was funded at only $6 million last year, but 
has already been recognized as being at the forefront in fighting, in 
the fight against child exploitation and Internet crime. My amendment 
would add $5 billion to the Immigration and Customs Enforcement 
salaries and expenses which would be used by the Cyber Crimes Center to 
expand their operations.
  The $5 million would be offset by reduction in the Office of the 
Secretary, which is funded over $95 million in the base bill. I believe 
that this $5 million amendment is the least we can do in the fight 
against a $20 billion criminal industry that preys on our children.
  This is a chance to reward and expand the excellent law enforcement 
work being done at ICE and to take steps to combat the increasing 
threat to our children and families. If you look at the committee 
report, it indicates, and I quote from the committee report in support 
of this legislation here today, this year, the committee notes gaps in 
funding for drug interdiction, human smuggling, cyber crimes, child 
pornography, Secret Service investigations and funding for our first 
responders.
  The committee recommendation includes $5 million, the same as fiscal 
year 2006, for memory and technology support for the Cyber Crimes 
Center. We are doing what the committee is asking us to do.
  Who are the victims of child pornography? Eighty percent of these 
predators have material depicting children under the age of 12; 40 
percent under the age of 6; and 20 percent are victims under the age of 
3. Victims are 28 times more likely to become prostitutes; 86 percent 
of the victims develop serious long-term mental illness.
  Mr. Chairman, we are working on this amendment here tonight, and we 
are taking it from the Secretary's budget, and I am sure that the 
chairman will once again say we are going to take this Secretary away 
and have nothing left.
  Well, there is $95 million. We want $5 million, because this is a 
growing problem. It has been by leaps and bounds. In fact, we are doing 
more hearings as soon as we get back first part of June. We have had 
hearings in which 15,000 names, addresses, credit cards, Internet 
provider addresses were turned over to the Department of Justice, and 
nothing is done because the resources are not there to follow through.
  So reality is that Internet child pornography and exploitation is 
growing more rampant, more horrific, and more sophisticated. The Cyber 
Crimes Unit employees know all too well how daunting their job is. We 
owe it to these dedicated men and women to give them all the resources 
we can. This additional $5 million will make a meaningful difference.
  The appropriations bill, while an increase over the President's 
request, essentially has flat funded this program. I thank the 
committee for their continued commitment, and I know we have to make 
some tough decisions, but this is one we should do for America's 
children and to stop this horrific crime of child exploitation and 
pornography over the Internet.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  Here we go again, cutting the Secretary and the Secretary for 
Management's office. If we keep doing this, we are not going to have an 
office. So I have grave concerns. The Office of the Secretary has 
already been reduced from 2006 by $30 million and the President's 
budget request by $2 million because of vacancies within the office. 
Further reductions would cut into critical funding to hire for the 
management and oversight of the Secure Border Initiative and to ensure 
that the Committee on Foreign Investment in the U.S., known as CFIUS, 
is adequately staffed to fully monitor possible foreign investment in 
critical infrastructure.
  Border security and CFIUS issues span multiple agencies within the 
Department. Both of these issues have been in the news, of course, 
repeatedly, and the Department has been severely criticized for its 
lack of expertise and breadth of knowledge in these areas. If there is 
no one to work on the issues within the Office of the Secretary, I can 
assure you they will not be adequately addressed. Each DHS agency will 
work separately and independently from each other, keeping the 
stovepipes in place and ensuring that these criticisms continue.
  I completely agree with the gentleman that the work being carried out 
by ICE's child exploitation unit, known as C3, is critical. This 
amendment would effectively double the operating budget of the C3. We 
have already increased funding for the center in our base bill. The 
bill we have presented to this body balances and reflects 5 months of 
careful oversight and review. The resources provided to C3, $5 million, 
are sufficient for the pending year. Additional funding is not 
necessary and could not be used.
  So while I applaud the gentleman's priorities here, I find the 
increase not practical nor needed and ask our colleagues to reject this 
amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Stupak).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. STUPAK. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Michigan will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701 through 705 of 
     the Homeland Security Act of 2002 (6 U.S.C. 341-345), 
     $159,489,000: Provided, That not to exceed $3,000 shall be 
     for official reception and representation expenses: Provided 
     further, That of the total amount provided, $8,206,000 shall 
     remain available until expended solely for the alteration and 
     improvement of facilities, tenant improvements, and 
     relocation costs to consolidate Department headquarters 
     operations.


                    Amendment Offered by Mr. Markey

  Mr. MARKEY. Mr. Chairman, I offer an amendment.

[[Page 9790]]

  The Clerk read as follows:

       Amendment offered by Mr. Markey:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $35,000,000)''.
       Page 28, line 9, after the first dollar amount, insert the 
     following: ``(increased by $35,000,000)''.

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order 
against the amendment.
  The CHAIRMAN. The gentleman's point of order is reserved.
  Mr. MARKEY. Mr. Chairman, we have something which is called the 
Metropolitan Medical Response System. This is the system that has been 
set up in 125 major communities across the United States, every major 
metropolitan area, in order to coordinate the response of the police, 
the fire and the emergency medical personnel in the event that there is 
a terrorist attack; a hurricane; tornado; an earthquake; or, as we have 
learned over the last 6 or 8 months, an avian flu disaster which hits a 
community. Last year, there was $30 million which was appropriated. To 
the credit of the committee, the gentleman from Kentucky and the 
gentleman from Minnesota, after the White House recommended zero for 
this program, the gentleman from Kentucky and the gentleman from 
Minnesota have restored the $30 million. But in the Homeland Security 
Committee, on which I serve, by a unanimous vote just a month ago, our 
committee voted to double the number to $60 million.
  Now, why did we do that? Well, in addition to that number's being 
endorsed by the International Association of Fire Chiefs, all of these 
medical personnel across the country who say that the funding is 
woefully inadequate, you have just about every local police and fire 
department who are saying that they are going to be overwhelmed if one 
of these disasters hits their community.
  So just to recap the last 12 months, since the $30 million was 
established as the number, we have already had Hurricane Katrina, which 
has exposed the inadequacies of the coordination of local police and 
fire and medical personnel. We have had the avian flu, which has arisen 
as a threat to the public health and safety of every community in our 
country. And there is no community at this point which is bragging that 
they are prepared to deal with this catastrophe if it hits their 
hometown.

                              {time}  1715

  So what we have done is identify a couple of programs, including the 
MAXHR program, which every union in America is opposed to because it is 
just going to redesign the whole way in which people are hired, and 
instead substituted money which will actually go to these local police 
and fire and medical personnel so that we can have the planning which 
is put in place.
  We all know that when a catastrophe occurs in a community, nobody 
calls the Department of Homeland Security. They call the local police 
department, they call the local fire department, they call the local 
hospital. They are crying out to us saying they don't have the 
resources. That is why the Homeland Security Committee upped the number 
from $30 million to $60 million just last month.
  Every one of these people, we saw it New York City, we saw it down 
here, these people are heroes. But heroes need help. They need the 
resources. They need the planning to be put in place. That is why the 
fire chiefs, that is why these local unions are all crying out, please, 
give us the help. We will take the risk. We will go into the flaming 
buildings. We will try to stop the flood. We will put our own health on 
the line in the event of an avian flu hitting a community. But give us 
the planning, give us the capacity now to put in place the response 
mechanism.
  That is what this amendment does. And all it does is respond to what 
all these experts have told us the number has to be. $30 million is 
clearly inadequate, given what we have learned since last year with 
avian flu and what happened in New Orleans and across the whole gulf 
coast.
  I urge an ``aye'' vote in order to ensure that this funding is made 
available to these local heroes.


                             Point of Order

  Mr. ROGERS of Kentucky. Mr. Chairman, I make a point of order.
  The amendment proposes to amend portions of the bill not yet read. 
The amendment may not be considered en bloc under clause 2(f) of rule 
XXI because the amendment proposes to increase the level of outlays in 
the bill by $3.5 million.
  I ask for a ruling from the Chair.
  The CHAIRMAN. Does anyone wish to be heard on the point of order?
  Mr. MARKEY. Mr. Chairman, I am not asking for this amendment to be 
considered en bloc. I would ask for the gentleman from Kentucky to 
explain further his point of order so that it can be better understood 
by the Chair and by the proponent of the amendment.
  I would yield to the gentleman from Kentucky.
  The CHAIRMAN. The gentleman may not yield, but the Chair will hear 
each Member in turn.
  Mr. ROGERS of Kentucky. Mr. Chairman, I ask for a ruling from the 
Chair. The amendment amends two portions of the bill, one taking from 
one section and giving back to another.
  The CHAIRMAN. Does the gentleman have further comment on the point of 
order?
  Mr. MARKEY. No, I await the ruling of the Chair.
  The CHAIRMAN. The Chair is prepared to rule. To be considered en bloc 
pursuant to clause 2(f) of rule XXI, an amendment must not propose to 
increase the levels of budget authority or outlays in the bill. Because 
the amendment offered by the gentleman from Massachusetts proposes a 
net increase in the level of outlays in the bill, as argued by the 
chairman of the relevant Subcommittee on Appropriations, it may not 
avail itself of clause 2(f) to address portions of the bill not yet 
read.
  The point of order is upheld.


                         Parliamentary Inquiry

  Mr. MARKEY. Mr. Chairman, I have a parliamentary inquiry.
  Mr. Chairman, could you tell me where in the amendment there is a 
proposed change in the budget authority?
  The CHAIRMAN. The point of order was based on an increase in outlays, 
not budget authority.
  Mr. MARKEY. Mr. Chairman, if I may continue to make a parliamentary 
inquiry, we have a CBO score that says that there is actually a 
reduction in outlays of $20 million. I am asking my staff to present to 
the Chair, before he concludes his ruling, the actual documentation 
from CBO that reflects that finding, which I think would as a result 
mean that the amendment was in compliance.
  Mr. Chairman, I think we are each aware at this point there is a 
certain amount of terminological inexactitude in the numbers that both 
sides are using right now; and, as a result, I defer to the ruling of 
the Chair. But I will announce that I will try to come back with a 
redrafted proposal in this area.
  The CHAIRMAN. The ruling of the Chair stands.


                     Amendment Offered by Mr. Lynch

  Mr. LYNCH. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Lynch:
       Page 3, line 15, after the dollar amount insert ``(reduced 
     by $50,000,000)''.
       Page 28, line 23, after the dollar amount insert 
     ``(increased by $50,000,000)''.
       Page 29, line 15, after the dollar amount insert 
     ``(increased by $50,000,000)''.
       Page 30, line 7, after the dollar amount insert 
     ``(increased by $50,000,000)''.

  Mr. LYNCH. Mr. Chairman, together with Mr. Holt of New Jersey and Mr. 
Castle of Delaware, this amendment seeks to increase the amount 
appropriated by H.R. 5441 for rail and transportation security grants 
from $150 million to $200 million.
  The $50 million added to the rail security grants is to be offset by 
a novel idea today, which is to decrease by $50 million the amount 
appropriated for the Office of the Under Secretary for Management.
  Mr. Chairman, we are grossly underfunding rail security in this 
country at a time when it should be a major priority. There is an old 
saying that states that Congress is always fighting the last war. If 
you look at the area of transportation security, we have spent

[[Page 9791]]

$22 billion on aviation security, 97 percent of the transportation 
money, and only 3 percent of transportation security money on rail. So 
97 percent, $22 billion, on aviation, and about half a billion dollars 
on rail security. This flies in the face of experience.
  As you look around the world today, the pattern of terrorist activity 
has been markedly against rail systems. If you go back to 1995, the 
Tokyo rail system was attacked by sarin gas. The Algerian rebels 
attacked the Paris subways. Going further, the Chechnyan rebels 
attacking the Moscow subways, the attacks in Madrid against their 
commuter rail system, many, many attacks on bus systems in Israel and, 
most recently, the London attacks against their subway system.
  So there is a definite repeated pattern of conduct of these 
terrorists to attack rail systems. We need to be aware that they are 
looking at attacking our rail system. You would think that we would 
take appropriate steps to address that, given the fact that five times 
as many people travel by rail as travel by air.
  Rather than addressing that woeful state of rail transit security 
funding, the current administration has actually sought to further 
shortchange these critical transportation systems. Most recently, the 
President's FY 2007 budget request allocated only $37 million to the 
Transportation Security Administration for non-aviation transportation 
security. That is less than 1 percent of TSA's budget, 1 percent for 
rail. Moreover, the President again proposed the outright elimination 
of rail and transit security grants.
  Accordingly, I would like to first commend Chairman Rogers and 
Ranking Member Sabo for their great efforts to preserve separate 
funding for rail security. However, I am greatly concerned that rail 
and transit security grant funding has remained at $150 million under 
the past two DHS appropriations bills. In addition, I am equally 
concerned that the bill under consideration today proposes to 
appropriate the same $150 million for FY 2007.
  Mr. Chairman, for these reasons, I urge my colleagues to support our 
amendment.
  Mr. HOLT. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I rise to join my colleague from Massachusetts as well 
as my colleague from Delaware, who is the cochair of the House 
Passenger Rail Caucus, in shifting this funding into the rail, freight 
and transit security grant program.

                              {time}  1730

  I understand what the appropriators have gone through. Maybe everyone 
in this House could rewrite the bill in some way. But it clearly merits 
attention when we are spending 70 times as much for air security as for 
rail security.
  As the 9/11 Commission said, it appears that we are fighting the last 
war. Of course, we watched in horror as airplanes were used as 
explosive missiles. But we have thousands of people traveling by rail. 
We have important freight routes. We have thousands of miles of track, 
just in New Jersey, 800 trains, 1,000 miles of track, 161 rail stations 
patrolled by a couple hundred uniformed officers.
  The money in this program that we propose to increase can be used for 
explosive-agent sensors, for security cameras, for interoperable 
communications. That was driven home to us just today when travelers in 
the northeast corridor coming out of New York traveling through New 
Jersey were shut down for hours.
  And as they were shut down because of a power failure, they 
discovered they had difficulty communicating with each other. The 
various trains had trouble communicating with each other. We clearly 
need to address the security in all of these areas.
  The GAO reported in 2002 that in just eight transit agencies, there 
was a need for security improvements that totaled well over $700 
million, far more than we have spent in the intervening years.
  Mr. Chairman, you have heard from my friend from Massachusetts that 
this is not a maybe; there is unfortunately a long tally of security 
breaches, of terrorist attacks around the world. And this funding will 
go a long way toward preparing the rail systems throughout the United 
States against such terrorist attacks.
  Mr. CASTLE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise also in support of the Holt-Castle-Lynch 
amendment to increase funding for crucial intercity passenger rail 
transit and freight security grants. By transit, we are talking about 
subways and local trains.
  Earlier this morning, as the gentleman from New Jersey just stated, 
the northeast corridor came to a halt, and close to 70,000 commuters 
were effectively stranded between Boston and Washington, DC, including 
several trains trapped in tunnels in New York City and Baltimore.
  I was not on any of those trains, but that one stuck in Baltimore is 
the one that I could have been on very easily. While this frightening 
incident turned out to be the result of a power outage, it underscores 
the sheer panic and disruption that a terrorist attack on rail systems 
could cause in this and many other parts of the country.
  In the wake of attacks on subway trains in London and on passenger 
rail lines in Madrid, it is clear that terrorist organizations are 
intent on disrupting surface transportation systems and mass transit 
around the world.
  While the legislation before us provides essential funding for much 
needed aviation and port security programs, we still have not had 
success in developing a comparable strategy for securing our Nation's 
rail and transit systems.
  Over the last several years, funding for rail and transit security 
grants has been stagnant at $150 million, and annual rail security 
spending for the Transportation Security Administration has been 
minimal when compared to the $20 billion that our government has spend 
on aviation security since 2001.
  In fact, the 9/11 Commission characterized the Federal focus on 
aviation security following the 2001 terrorist attacks as ``fighting 
the last war'' and noted that opportunities to do harm are as great or 
greater in maritime or surface transportation.
  Clearly, Congress must change course and get a few steps ahead rather 
than constantly reacting to incidents and attacks once they have 
already occurred. Over 9.7 billion transit trips are taken annually on 
all modes of transit service. And the American Public Transportation 
Association recently estimated that $560 million is necessary to begin 
securing rail and transit systems this year alone.
  While our amendment is not a complete solution to this funding 
shortfall, it represents a responsible step forward to begin funding 
critical priorities. The Holt-Castle-Lynch amendment is fully offset. I 
realize it is offset from the same Office of the Under Secretary of 
Management that concerns Mr. Rogers and Mr. Sabo, but I am sure there 
are other oppositions because they were trying to protect the money for 
us in this particular amendment, and they will speak to that, 
hopefully, shortly to come later.
  It would boost funding to add more police officers, K-9 teams, 
security cameras, fences and chemical detection systems at train 
stations and on subways and commuter systems across the country. We are 
very lucky that an attack has not taken place in the United States. And 
we now have a great opportunity to be proactive and begin adequately 
funding rail and transit security in this country.
  This amendment sets forth the course for achieving this goal, and I 
ask my colleagues to support this critical provision to protect 
American travelers.
  Mr. SIMMONS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I am concerned about the fact that we have been flat-
funding rail security over the last several years. Millions of tons of 
hazardous materials are shipped daily across America's rail lines. And 
any one of these shipments could become potentially a weapon of mass 
destruction.
  Also, millions and millions of passengers travel our passenger rails 
every

[[Page 9792]]

day and could be placed at risk by a terrorist attack. Let's just look 
at the record. In the year 2001, a 60-car freight train carrying 
hazardous materials derailed in a tunnel in Baltimore and literally 
shut down the city.
  In March 2004, a series of coordinated attacks in Madrid, Spain, 
killed 192 people. In July of 2005, three bombs exploded in the British 
or the London Underground; 56 people were killed and 700 were injured. 
We see from these terrorist attacks abroad that there is a pattern of 
activity and an ability to target these rail systems successfully.
  And yet here in the United States, we have flat-funded security for 
our passenger rail and for our freight rail. My family rides the rails 
virtually every day. I have got relatives in Connecticut who commute 
into New York City. My wife goes to Boston twice a week. When my 
daughter and my niece come up from New York, they ride the rails.
  So this may not appear to be a hazard to some of our colleagues who 
live in parts of the country that do not rely as heavily as we do on 
rail transportation, but what we have discovered from talking to the 
Amtrak police over the last several months is that there are three 
Amtrak policemen covering the route, stationed in New Haven and 
covering the route roughly from the New York border to Providence. 
Another three out of Baltimore covering the routes north and south from 
New York and to Washington, DC.
  This does not seem to be an adequate investment of personnel to cover 
these passenger trains that go along these tracks on a daily basis. 
Furthermore, the Amtrak police have a tremendous turnover of personnel. 
They have lost 100 percent of their personnel over the last 10 years 
due to the lack of a contract, a lack of adequate funding and a lack of 
benefits.
  And new personnel that come in and train frequently leave after a 
year or so to get better paying jobs in municipal police forces around 
the northeastern United States. This is a serious problem that needs to 
be addressed.
  My colleagues have referred to our fighting the last war. And we have 
done a magnificent job in providing resources for aviation. We have 
done very well. But we seem to have forgotten that more people travel 
on our passenger rails on a daily basis than fly.
  And less people and less dollars are applied to this problem. The 
American Public Transportation Association has written to us on the 
subject and has pointed out that rail security is seriously 
underfunded. So I am glad to join my colleagues in supporting this 
amendment to H.R. 5441.
  I thank the distinguished chairman of the committee for all of his 
hard work and especially the staff. But I think this is an area where 
we need to add some more dollars.
  Mr. FITZPATRICK of Pennsylvania. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. Chairman, today I rise in support of the amendment proposed by my 
good friends in the northeast corridor, Congressman Castle and 
Congressman Holt.
  This amendment would provide a much needed increase of $50 million 
for public transportation security. Mr. Chairman, just today hundreds 
of my constituents were trapped on a completely shut down northeast 
corridor of the Amtrak system. It turned out, as we know now, to be a 
power outage. It could have just as well have been an attack on the 
infrastructure.
  Attacks in London, Madrid and Russia emphasize the great and 
immediate need to strengthen security on public transit systems. I 
advise everyone to heed this warning. An APTA survey found transit 
agencies around the country have identified more than $6 billion in 
transit security funding needs.
  The Federal Government must be a full partner in the effort to ensure 
the security of the Nation's transit users. Terrorists do not only 
target the sky, Mr. Chairman. This amendment recognizes the need for 
greater Federal resources for rail and public transportation security.
  Americans use public transportation vehicles over 32 million times 
each weekday. This is more than 16 times the number of daily travels on 
the Nation's airlines. I urge my colleagues to support this amendment, 
Mr. Chairman.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  Mr. Chairman, the bill is currently balanced among the many competing 
homeland security priorities. This amendment significantly upsets that 
balance and undermines the Department's ability to effectively 
integrate its business systems.
  The subcommittee carefully reviewed the President's request. We made 
significant modifications in order to ensure all mission areas had 
sufficient resources, including restoration of funds for all first 
responder grants by adding $500 million; restoration of funds for 
critical law enforcement functions, such as the CPB air and marine 
operations, and the Secret Service. We increased funding for critical 
explosive detection systems, significant funding and oversight for all 
aspects of border security and immigration reform.
  What this amendment would do, Mr. Chairman, is unravel over 5 months 
of committee oversight, 11 hearings, digging deep into the resource 
requirements of the Department, facing the most ominous threats facing 
our Nation. The fact is, almost without exception, all of the programs 
funded in this bill are critical.
  But what we cannot afford to do is fund one program at the expense of 
all of the others. I have grave concerns about a $50 million reduction 
in the Office of the Under Secretary For Management. We have talked 
about this all day today.
  This office is already $8 million below funding for the current year. 
Assuming that the under secretary of management would not lay off its 
current personnel, key projects would have to be terminated in order to 
absorb the $50 million reduction in this office.
  The under secretary for management is responsible for consolidating 
the 22 agencies that formed DHS in 2003, 180,000 employees, 18 
different personnel and payroll systems, and numerous financial 
management systems. We have made some progress. More is needed.
  But a $50 million reduction in this office would ensure that the 
under secretary would have to stop all work on the new personnel and 
payroll systems that are under development now.
  Because of the size of this offset, the under secretary would be 
prevented from the hiring of 25 new procurement employees that we 
provided for him. The Department has been unable to receive a clean 
financial audit in the first 2 years of its existence and has 
repeatedly been in the news for poor procurement decisions and 
inadequate contract management.
  The 25 new procurement employees were requested to help the 
Department receive a clean financial audit, get a better handle on the 
Department's contracts.
  As far as the proposed increase for rail and transit security, the 
responsibility of securing our Nation's rail and mass transit systems 
is shared between the Department of Homeland Security, the Department 
of transportation, and in partnership with the public and private 
entities that own and operate the Nation's transit and rail systems.

                              {time}  1745

  Since DHS was created, $436 million has been appropriated for rail 
security. With $150 million in this bill, we will have provided a total 
of $603 million for rail security in the last 3 years.
  The Department of Transportation, Mr. Chairman, has also provided 
funding for rail and transit security, averaging about $40 to $50 
million per year. That funding, coupled with the funding that we 
provide, equals the total amount contained in the amendment of the 
gentleman. We are giving you the money from two different places. So I 
think we have satisfied the gentleman's financial request, and I would 
hope that we would oppose and vote against this amendment.
  Mr. OBERSTAR. Mr. Chairman, I rise in support of this amendment.
  It's been almost five years since the terrorist attacks of September 
11, 2001, and more than

[[Page 9793]]

two years since the terrorist train bombing in Madrid, Spain, which 
killed 191 people and wounded more than 1,800 others, making it the 
deadliest terrorist attack against European civilians since 1988. We 
are now fast approaching the first anniversary of the London terrorist 
attacks.
  The Madrid and London bombings were just the latest in a series of 
terrorist attacks on railroads worldwide. Between 1998 and 2003, there 
were 181 attacks on trains and rail-related targets such as depots, 
ticket stations, and rail bridges, resulting in an estimated 431 deaths 
and several thousand injuries.
  Yet the Federal Government has done little to enhance rail and 
transit security in the United States. This year, the United States 
will spend $4.7 billion on aviation security, while spending only $150 
million on rail and transit security, even though five times as many 
people take trains as planes every day.
  Amtrak alone has requested over $100 million in security upgrades and 
nearly $600 million for fire and life-safety improvements to tunnels on 
the Northeast Corridor in New York, Maryland, and Washington, DC. The 
American Public Transit Association, which represents transit agencies 
and commuter railroads, has well-documented transit security needs that 
exceed $6 billion (including more than $5.2 billion of capital 
investment security needs).
  This bill--for the third year in a row--provides a meager $150 
million to be split up among our Nation's passenger railroad, transit 
agencies, seven Class I railroads, and more than 500 short line and 
regional railroads.
  The Lynch amendment will provide an additional $50 million for rail 
and transit security. While I believe that even more funding should be 
provided for security improvements, such as interoperable communication 
systems, cameras, improved lighting, fencing and secured gates, 
chemical/biological/radiological detection sensors, bomb sniffing dogs, 
and many other needed rail security improvements, it is more than we 
have done in the past, and it is at least on par for what we have 
provided for port security.
  We have got to act now to protect the safety and security of our 
Nation's railroads and transit systems. We owe it to the service 
providers, passengers, workers, and communities. We must pass this 
amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Lynch).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. LYNCH. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Massachusetts will be 
postponed.
  Are there further amendments to this paragraph?


                    Amendment Offered by Mr. DeFazio

  Mr. DeFAZIO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. DeFazio:
       Page 3, line 15, insert after the dollar amount the 
     following: ``(reduced by $15,000,000)''.
       Page 5, line 19, insert after the dollar amount the 
     following: ``(increased by $15,000,000)''.

  Mr. DeFAZIO (during the reading). Mr. Chairman, I ask unanimous 
consent the amendment be considered as read and printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.
  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman reserves a point of order.
  Mr. DeFAZIO. Mr. Chairman, this amendment, we have already had some 
discussion about the Secretary's budget and the concerns of the Chair 
and certainly there needs to be some amount of support for that, but 
this goes to a critical function, a function of the Department which 
actually could produce more dollars and make America more secure.
  The Department of Homeland Security's Office of Inspector General has 
done tremendous work. They have saved the taxpayers millions of 
dollars. They have uncovered fraud and abuse. Right from the beginning 
the $500,000 that was spent on art, silk, plants and other frou frou 
things at the new headquarters, that was uncovered by the OIG.
  The OIG was then detailed, 75 people out of an already inadequately 
staffed office, to help with Katrina oversight. They found 10,000 
mobile homes, at a cost of $301.7 million, vacant and sinking into the 
mud in Arkansas; $3 million in overcharges for food and lodging 
provided to disaster responders; a million dollars in overbilling by 
one company for hotel rooms for disaster evacuees. As of this date, the 
Office of the Inspector General has unfortunately had to continue to 
detail 75 people to the Katrina and the disaster recovery oversight. 
That is bringing about approximately a $15 million shortfall. Yes, 
there is a minimal increase in their budget, but it is about $15 
million short of what they need.
  They not only find fraud and abuse and overt waste, but make America 
more secure by spending those dollars more wisely. I am familiar with 
their work in the area of aviation security. They have been showing us 
the holes in the aviation security system in baggage screening, in 
passenger screening and other areas. Absolutely vital function. Again, 
they have been cut back because of the redeployment and the 
reassignment of the people to deal with the Katrina recovery effort. 
And it is not at all certain that those people will be coming back for 
years.
  So I think it is essential that we find more funds to have more 
personnel full time, qualified personnel in this office; and in the end 
the taxpayers will come out ahead. We will avoid waste, and we will 
more efficiently spend the dollars we have.
  I know the chairman will raise concerns about the Secretary's budget. 
I would suggest another place perhaps that could be cut in the overhead 
budget is the $21.2 million limousine contract. Now, granted that is a 
3-year contract, but that is $7 million a year up from $3.8 million 
last year. There have been some revelations, and this certainly isn't 
for security purposes since as I understand it the owner of the company 
is a convicted felon. So I do not think we are providing security to 
senior level DHS people by putting them in limousines of a company 
owned by a felon.
  I would wonder how many people there are that need limousines there 
at the Department of Homeland Security. $7 million a year? I mean, if 
there are 100 people, that is $700,000 a year. I can't even image there 
are 100 people who need limousine services. There are a lot of caps 
floating around DC loose.
  I would suggest we could dramatically reduce the limousine budget, 
and I am sure there are a few other places we could find in the 
Secretary's overhead, and we could rededicate that money to the Office 
of the Inspector General, and we could squeeze out the fraud and abuse 
and better serve our taxpayers and make the country more secure.
  So I am hopeful that the chairman would be willing to look favorably 
upon this amendment to help the OIG deal with their current backlog. 
This is as of March, I did not ask for an update, they had 4,151 
allegations of fraud and abuse on file. And they have been able to 
investigate 429 of the 4,151 allegations of abuse.
  You cannot tell me that they are overfunded or even near adequately 
funded when there is nearly 3,800 pending investigations on allegations 
of abuse.
  This Department contracts, almost one-third of their total budget is 
contracted. They should have the most robust OIG force in the Federal 
Government. Instead, they have the smallest OIG force of any agency in 
the Federal Government despite the fact that a third of all the funds 
that go are contracted out and that does not even include the emergency 
Katrina issue which I addressed earlier.
  So, again, I would hope the chairman could look favorably upon 
increasing the OIG budget and accept this amendment.


                             Point of Order

  The CHAIRMAN. Does the gentleman insist on his point of order.
  Mr. ROGERS of Kentucky. I do, Mr. Chairman. The amendment proposes to 
amend portions of the bill not yet read. The amendment may not be 
considered en bloc under clause 2(f) of rule XXI because the amendment 
proposes to increase the level of outlays in the bill.

[[Page 9794]]

  The CHAIRMAN. Do any Members wish to be heard on the point of order?
  Mr. DeFAZIO. Would that preclude then offering the amendment again 
later?
  We can either do it now or we can do it later, if he wants to raise a 
technical point, if I have to wait for one more intervening person and 
offer it again.
  The CHAIRMAN. If the reading progresses past this paragraph, then an 
amendment could be offered to this paragraph only by unanimous consent.
  Does the gentleman wish to be heard on the point of order?
  Mr. DeFAZIO. It was my understanding that after the en bloc we were 
in section 1 of the bill at an appropriate point; and since the 
previous amendments had addressed taking the money from the office, the 
same office from which I would take the money, I am a bit puzzled as to 
why this one is not in order and the earlier ones were.
  Mr. SABO. My understanding is that Mr. Pascrell and Mr. Marshall both 
have amendments to page 3 on line 15, so I assume what the Chair is 
saying is that if the gentleman redrafted his amendment before we moved 
to some place beyond Pascrell and Marshall, he would be in order to 
offer a revised amendment.
  The CHAIRMAN. The gentleman is correct.
  Mr. DeFAZIO. Then I would withdraw. Unfortunately, that would mean 
that we would have to replicate the debate. It would be better if the 
chairman just rose in opposition as he is going to later and he voted 
``no'' and I voted ``aye'' and we had a recorded vote.
  If the gentleman insists on his point of order, I ask unanimous 
consent to withdraw my amendment at this point in time and offer the 
amendment later. I was offering a way to save the body time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.


                   Amendment Offered by Mr. Pascrell

  Mr. PASCRELL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Pascrell:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $40,000,000)''.
       Page 4, line 11, after the dollar amount, insert the 
     following: ``(increased by $10,300,000)''.
       Page 16, line 3, after the dollar amount, insert the 
     following: ``(reduced by $10,300,000)''.
       Page 32, line 12, after the dollar amount, insert the 
     following: ``(increased by $40,000,000)''.

  Mr. PASCRELL. Mr. Chairman, the amendment I am offering today will 
help address the preparedness needs of emergency responders at all 
levels.
  I appeal to the chairman and I appeal to the ranking member, the 
preparedness needs of emergency responders, from the State emergency 
managers down to the rank-and-file first responders, the amendment 
would add much needed funding for the Emergency Management Performance 
Grant program, the EMPG, by $40 million, and the SAFECOM program office 
by $10.3 million.
  Mr. Chairman, the Emergency Management Performance Grant program is 
the only source of funding to assist State and local governments with 
planning and preparedness readiness activities associated with natural 
disasters.
  Mr. Chairman, I will also include into the Record letters of support 
from the major organizations, the National Emergency Management 
Association and the International Association of Emergency Managers. 
The latter deals with local and county emergency boards.
  The EMPG program is the primary source of Federal funding to these 
State and local governments for planning, training, exercising, hiring 
personnel. This program is used to support emergency management 
personnel, natural disaster planning, training and drills, mass 
evacuation planning, population sheltering and emergency operations. It 
is critical for State and local governments, emergency management, 
capacity building.
  I know that the floor manager knows about this, since the 
organization is in Lexington, Kentucky, his home area.
  With hurricane season a week away, it is clear we need to be 
strengthening our Nation's emergency preparedness capabilities. In 
fact, a 2004 National Emergency Management Association study found 
there is approximately $264 million shortfall in the EMPG for all 50 
States. This is prior to the enormous emergency brought about through 
Katrina and Rita.
  Mr. Chairman, funds could be cut from the office of the DHS chief 
information officer who received a plus-up of $41 million in funding he 
didn't even request. The Department never requested this money. I am 
appealing to the ranking member and to the chairman to take the money 
that was not requested and put it into an area which affects all of us 
in every one of the 50 States.
  The 9/11 Commission report made it clear, Federal funding for 
interoperable communication should be given the highest priority, and 
this is what the SAFECOM office is all about. Yet, Project SAFECOM has 
only five full-time employees.
  We are talking out of both sides of our mouth here. We need to 
address this at every level. How can we take seriously their claim that 
the Department is doing all it can to be prepared for the next 
emergency when it has not properly staffed Project SAFECOM.

                              {time}  1800

  When first responders cannot communicate with one another lives are 
lost, including theirs.
  We need this additional $10.3 million so that it can be properly 
staffed to address a critical homeland security function: the ability 
for our first responders to communicate in real time, when needed and 
when authorized.
  The offset from this will come from the $10.3 million reduction to 
the Transportation Security Administration Aviation Security account. I 
support TSA, but we do not need more money to contract out for private 
screeners. We do not accept this, on either side of the aisle.
  So let us build on the success of SAFECOM. It is time for Congress to 
act and help the State and local emergency management personnel to do 
their job preparing our Nation and to ensure that our first responders 
have all the support that they need.
  The amendment is supported again, Mr. Chairman, I cannot emphasize 
this enough, by the National Emergency Management Association and the 
International Association of Emergency Managers. They were just here a 
short time ago in Washington.
  Again, I will end with an appeal to both the chair and the ranking 
member who have been most courteous today in our going through the 
tedious task of going through this.

                                                National Emergency


                                       Management Association,

                                                     May 25, 2006.
     Hon. Bill Pascrell,
     Ranking Member, House Homeland Security Subcommittee on 
         Emergency Preparedness, Science, and Technology, House of 
         Representatives, Washington, DC.
       Dear Ranking Member Pascrell: On behalf of the National 
     Emergency Management Association (NEMA), I would like to 
     thank you for your efforts to enhance preparedness of state 
     and local emergency management through your amendment to the 
     FY 2007 Homeland Security Appropriations Bill (H.R. 5441) to 
     add an additional $40 million to the Emergency Management 
     Performance Grants (EMPG) program. We strongly support this 
     amendment as the increase would enable state and local 
     emergency management to address additional federal 
     requirements such as updating and adopting plans for the 
     National Response Plan and the National Incident Management 
     System, conducting training on these plans and systems, and 
     addressing the requirements of the National Preparedness 
     Goal.
       The most important and critical component for strengthening 
     our national preparedness and response to disasters is 
     federal funding. After modest increases, EMPG's growth rate 
     has not kept pace with inflation or increased federal 
     requirements. This year, of all years, the Administration is 
     proposing to cut EMPG by $13.1 million, despite the $260 
     million shortfall identified by NEMA in a 2004 study. While 
     last week the House of Representatives proposed to address 
     this year's EMPG funds with a $3 million increase over the FY 
     2006 level, significant resources must be allocated to this 
     vital program to ensure our nation's preparedness levels. 
     NEMA is appreciative of Congress's recognition of the EMPG 
     program, but this year we respectfully ask that Congress 
     aggressively address the program's shortfalls. This amendment 
     builds on this essential need and

[[Page 9795]]

     makes a significant down-payment to address the shortfall.
       EMPG is the only source of funding to assist state and 
     local governments with planning and preparedness/readiness 
     activities associated with natural disasters. EMPG is the 
     backbone of the nation's all-hazards emergency management 
     system and the only source of direct federal funding to state 
     and local governments for emergency management capacity 
     building. EMPG is used for personnel, planning, training, and 
     exercises at both the state and local levels. EMPG is 
     primarily used to support state and local emergency 
     management personnel who are responsible for writing plans, 
     conducting training, exercises and corrective action, 
     educating the public on disaster readiness and maintaining 
     the nation's emergency response system. EMPG is being used to 
     help states create and update plans for receiving and 
     distribution plans for commodities and ice after a disaster, 
     debris removal plans, and plans for receiving or evacuating 
     people--all of these critical issues identified in the 
     aftermath of Hurricane Katrina.
       EMPG is the only program in the Preparedness account within 
     the Department of Homeland Security that requires a match at 
     the state and local level. The match is evidence of the 
     commitment by state and local governments to address the 
     urgent need for all-hazards emergency planning, to include 
     terrorism. EMPG requires a match of 50 percent from the state 
     or local governments.
       We appreciate your efforts to ensure adequate support for 
     emergency management and look forward to continuing to work 
     with you.
           Sincerely,

                                            Bruce P. Baughman,

                                   President and Director, Alabama
     Emergency Management Agency.
                                  ____

                                         International Association


                                        of Emergency Managers,

                                                     May 25, 2006.
     Hon. Bill Pascrell, Jr.,
     House of Representatives,
     Washington, DC.
       Dear Mr. Pascrell: I've recently been informed of your 
     amendment to H.R. 5441 which would increase the appropriation 
     for the Emergency Management Performance Grant (EMPG) by an 
     additional $40 million beyond the current mark-up of $186 
     million. The International Association of Emergency Managers 
     (IAEM) is certainly in favor of any measure that would 
     increase funding for this critically important program. As I 
     stated in recent written testimony to the Appropriations 
     Committee, we believe it is the single most effective use of 
     federal funds in providing emergency management capacity to 
     state and local governments. No other source of homeland 
     security funding is based on a consensus building process 
     determining outcomes and specific deliverables backstopped by 
     a quarterly accountability process.
       This program provides funding for the emergency managers 
     who perform the role of the ``honest broker'' at the state 
     and local level and who establish the emergency management 
     framework for preparedness, response, recovery and 
     mitigation. EMPG funding provides the people who are legally 
     responsible for creating a ``culture of preparedness'' at the 
     state and local level.
       EMPG funding has assumed a greater importance in light of 
     recent catastrophic events and the responses to those events. 
     For example, the President and the Department of Homeland 
     Security (DHS) have tasked state and local government 
     emergency managers with the responsibility to review their 
     Emergency Operations Plans regarding the issue of evacuation. 
     EMPG supports the people who have had the added 
     responsibility of administering homeland security funding 
     programs and additional planning efforts since 2001. Without 
     more funding and people we can't reach the level of 
     preparedness our nation deserves and our citizens demand. 
     Your recognition of this need and your willingness to propose 
     additional funding are supported and deeply appreciated.
           Sincerely,
                                           Michael D. Selves, CEM,
                                             First Vice President.

  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition.
  The amendment would increase funding for the emergency management 
performance grants by $40 million and $10.3 million for SAFECOM, and 
the offset would be, guess what, the poor old Under Secretary for 
Management. We have tried to dip into that well today 15 times, and 
every time we have said no because it would stop the Department's 
operations.
  The committee already has in the bill $186 million for these grants. 
That is $16 million more than the President asked of us, and it is $2.8 
million more than what we have in it right now.
  So, you know, we have done well by this grant program. I cannot 
imagine somebody complaining about it.
  Then you are taking the money out of the Under Secretary for 
Management, and that would either zero out or substantially decrease 
funding for absolutely critical programs that are designed to bring 
these 22 agencies into a single program, and so I would strongly oppose 
this amendment.
  Mrs. LOWEY. Mr. Chairman, I move to strike the requisite number of 
words.
  I rise in strong support of this amendment which would provide much-
needed funding for interoperability.
  Amazingly, we have made so little progress in solving the 
communications problems that plagued first responders on September 11 
and in every other emergency in the last 15 years. SAFECOM, which has 
been tasked as the lead Federal agency for first responder 
communication issues, has only five employees and less than 1/100th of 
1 percent of the Department of Homeland Security budget.
  Due to its lack of resources, SAFECOM is just not meeting its 
objective. It has not adopted a single equipment standard. There is no 
long-term strategy to solve the interoperability problem. We are not 
prepared to effectively respond to any emergency unless our first 
responders on the ground are able to communicate with one another.
  I ask my colleagues to let us move this amendment, let us support 
this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Pascrell).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. PASCRELL. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from New Jersey will be 
postponed.


                    Amendment Offered by Mr. Markey

  Mr. MARKEY. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Markey:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $14.7 million)''.
       Page 28, line 23, after the dollar amount, insert the 
     following: ``(increased by $14.7 million)''.
       Page 31, line 1, after the dollar amount insert: 
     ``(increased by $14.7 million)''.

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman reserves a point of order.
  Mr. MARKEY. Mr. Chairman, I hope everyone who has been watching this 
debate appreciates this free, online parliamentary lesson that we are 
conducting out here on the floor. My amendment has been redrafted in a 
way, working with the Parliamentarians, which I think is now completely 
in conformance with the rules of the House.
  But what I have decided to do during the time that we have been 
actually working on the parliamentary questions is to change the 
amendment by reducing the amount that I am going to ask to be 
transferred over to the metropolitan medical response systems in the 
country. That decision rested upon kind of a suggestion that I take the 
money that we really need out of the Max HR program, this program which 
the unions of America are in opposition to, the National Treasury 
Employees Union, the American Federation of Government Employees. We 
have the Fire Chiefs of the United States who have endorsed my 
amendment.
  Just to restate for those who were not listening earlier, the point 
of this is that we have learned a lot since this time last year when we 
were appropriating the last time; $30 million was inserted. And I want 
to congratulate the gentleman from Kentucky and the gentleman from 
Minnesota.
  Again, the White House recommended no money. But we all know the 
critical role which the local police, the local fire, the local medical 
personnel are going to play in the event that, God forbid, there is 
ever a catastrophic event in a community.
  We have also learned from this time last year of the inadequacy of 
local preparedness. Hurricane Katrina showed us how locally unprepared 
we are in our community. The Avian flu

[[Page 9796]]

has only appeared as a major pandemic threat to our country since this 
time last year. We did not have that as part of our discussion.
  What have we heard from the local level? We have heard that there is 
no capacity for just about any community in America to respond to the 
level of catastrophe that a terrorist attack, nuclear, biological or 
chemical; a hurricane of a magnitude of a three or higher; or an avian 
flu type of pandemic would present to a community.
  So here in this amendment, what I am doing is increasing by $14.7 
million the funding that will go out to these 125 largest of all 
metropolitan areas in the United States, so that at the State level and 
local level they can coordinate with the Federal Government and their 
police, fire and medical resources, so that there is a strategy to 
respond in the event of one of those catastrophes.
  The money, again, will be coming out of the Max HR program. It is one 
that has already been tapped in this process. It is one that deals with 
the program which has come under assault from the unions of our country 
as being an assault upon their workplace.
  So to the Members, I urge them to support this amendment. It will 
provide for those local heroes the help that they are going to need, 
the reinforcements that they are going to need in the event, and we 
know that no one community has an inevitable catastrophe, but we know 
that across the country, in any one year, it is inevitable that someone 
will be hit. This is a way of giving us that extra insurance policy so 
that the planning can be in place.
  I urge an ``aye'' vote on the Markey amendment.
  The CHAIRMAN. Does the gentleman wish to be heard on his point of 
order?
  Mr. ROGERS of Kentucky. No, Mr. Chairman, I withdraw the reservation.
  The CHAIRMAN. The gentleman withdraws his reservation.
  Mr. ROGERS of Kentucky. Mr. Chairman, I am opposed to this amendment.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. ROGERS of Kentucky. Mr. Chairman, the gentleman, as I understand 
his amendment, would take $14.7 million out of the Office of the Under 
Secretary for Management and provide that money to the metropolitan 
medical response teams.
  Mr. Chairman, we have already provided $30 million in the bill for 
these teams. The budget request that came to us asked for zero, and the 
subcommittee and the committee decided these were worthwhile programs, 
doing great work, and we provided $30 million in the bill that we had 
to find from somewhere else.
  Now, Mr. Markey wants to take another slug of money from the Office 
of the Under Secretary for Management. The poor guy's out of money. 
With the amendments that have been offered so far, there is no more 
money left in the Under Secretary For Management's account if those 
amendments pass, Mr. Chairman. So we have hit bottom and the Under 
Secretary for Management and the management of the Department of 
Homeland Security, if these amendments pass, will go out of business.
  So I urge a rejection of this amendment. I cannot see how the extra 
money would be used by the teams because we have already got $30 
million in their account, and the offset would wreck the Department.
  I urge a ``no'' vote.
  Mr. MARKEY. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Massachusetts to speak again on the amendment?
  Mr. ROGERS of Kentucky. Mr. Chairman, I will not object at this point 
in time. I am serving notice, however, that this is the last time 
during the consideration of this bill that I will not object.
  The CHAIRMAN. Without objection, the gentleman from Massachusetts is 
recognized for 5 minutes.
  There was no objection.
  Mr. MARKEY. Mr. Chairman, I appreciate that, and I appreciate the 
gentleman not objecting at this time.
  What I did was, to be honest with you, I truncated my statement when 
I rose this second time, that is, on this second iteration of the 
amendment, and I realize that many people an hour ago probably were not 
listening. So when the gentleman from Kentucky said that $30 million 
was in the budget, that was true and it remains true, and I do not 
contest that except in my earlier statement I made clear that, one, I 
praised him for putting in $30 million because the Bush administration 
wanted zero, but second, the $30 million number is the same number that 
was in last year's budget before Katrina, before the avian flu threat 
became clear, before all the lessons that this country has learned 
unfortunately through real life experience.
  That is why I believe that we have to increase this budget by this 
near $15 million. That is what the fire chiefs are asking us for. That 
is what the unions are asking us for. In other words, the local police, 
the local fire, the employees in the hospitals all across the country, 
they are all saying: We are not prepared. Our emergency rooms will be 
overrun. We do not have the capacity to respond to a nuclear or 
chemical or biological event. We will be paralyzed in the first one 
hour. We need better metropolitan planning so that no one hospital, no 
one neighborhood is devastated.
  So I am asking for the increase because of what we have learned over 
the last year, what we are seeing ourselves as Americans, horrified 
last Labor Day weekend, saw these people looking up, looking for help, 
and realizing there was no metropolitan medical response plan. We have 
learned in audits of plans across the whole country that there is still 
not in existence plans of a way that would adequately deal with this 
issue.
  So, I thank the gentleman from Kentucky for not objecting, and I urge 
the Members to support my amendment.

                              {time}  1815

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


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed, in the following order:
  Amendment by Mr. Kucinich of Ohio.
  Amendment by Mr. Brown of Ohio.
  Amendment by Ms. Jackson-Lee of Texas.
  Amendment by Mr. Langevin of Rhode Island.
  Amendment by Mr. Stupak of Michigan.
  Amendment by Mr. Lynch of Massachusetts.
  Amendment by Mr. Pascrell of New Jersey.
  Amendment by Mr. Markey of Massachusetts.
  Pursuant to the order of the House of today, the Chair will reduce to 
2 minutes the time for any electronic vote after the first vote in this 
series.


                   Amendment Offered by Mr. Kucinich

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 170, 
noes 251, not voting 11, as follows:

[[Page 9797]]



                             [Roll No. 211]

                               AYES--170

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Doyle
     Emanuel
     Engel
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Hastings (FL)
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pomeroy
     Rahall
     Rangel
     Ross
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Shays
     Sherman
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--251

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

                             NOT VOTING--11

     DeLay
     Eshoo
     Evans
     Flake
     Jones (OH)
     Kennedy (RI)
     Mollohan
     Paul
     Pelosi
     Snyder
     Wilson (SC)

                              {time}  1841

  Messrs. GINGREY, LEWIS of California, PRICE of Georgia, BEAUPREZ, 
SERRANO, and Mrs. CUBIN changed their vote from ``aye'' to ``no.''
  Mr. CUELLAR and Mr. OBERSTAR changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


              Amendment No. 1 Offered by Mr. Brown of Ohio

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


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 167, 
noes 255, not voting 10, as follows:

                             [Roll No. 212]

                               AYES--167

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Barrow
     Becerra
     Berkley
     Berry
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Chandler
     Clay
     Clyburn
     Conyers
     Costa
     Costello
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     Etheridge
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Goode
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Hastings (FL)
     Hayes
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson, E. B.
     Jones (NC)
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (WI)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pombo
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Stupak
     Tancredo
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu

                               NOES--255

     Aderholt
     Akin
     Alexander
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berman
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Case
     Castle
     Chabot
     Chocola
     Cleaver
     Coble
     Cole (OK)
     Conaway
     Cooper
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Farr
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly

[[Page 9798]]


     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goodlatte
     Granger
     Graves
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren, Zoe
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Meeks (NY)
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Strickland
     Sullivan
     Sweeney
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Jones (OH)
     Kennedy (RI)
     Mollohan
     Paul
     Snyder
     Wilson (SC)

                              {time}  1846

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


             Amendment Offered by Ms. Jackson-Lee of Texas

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Texas 
(Ms. Jackson-Lee) on which further proceedings were postponed and on 
which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 173, 
noes 249, not voting 10, as follows:

                             [Roll No. 213]

                               AYES--173

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dingell
     Doggett
     Emanuel
     Engel
     Etheridge
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gerlach
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kelly
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--249

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

                             NOT VOTING--10

     Akin
     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Paul
     Snyder
     Wilson (SC)

                              {time}  1852

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                   Amendment Offered by Mr. Langevin

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 205, 
noes 216, not voting 11, as follows:

[[Page 9799]]



                             [Roll No. 214]

                               AYES--205

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Emanuel
     Engel
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Ford
     Fortenberry
     Frank (MA)
     Franks (AZ)
     Gerlach
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hayworth
     Herseth
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     Kind
     Kirk
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Pomeroy
     Porter
     Rahall
     Ramstad
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--216

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Fitzpatrick (PA)
     Foley
     Forbes
     Fossella
     Foxx
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Saxton
     Schmidt
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     DeLay
     Diaz-Balart, M.
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Ney
     Paul
     Snyder
     Wilson (SC)

                              {time}  1855

  Mr. FORD changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mr. Stupak

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 348, 
noes 74, not voting 10, as follows:

                             [Roll No. 215]

                               AYES--348

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (NY)
     Blackburn
     Blumenauer
     Boehlert
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Camp (MI)
     Campbell (CA)
     Cannon
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Drake
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     Etheridge
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Harman
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (MI)
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush

[[Page 9800]]


     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn

                                NOES--74

     Alexander
     Baker
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bishop (GA)
     Bishop (UT)
     Blunt
     Boehner
     Bonilla
     Boustany
     Brady (PA)
     Brown (SC)
     Buyer
     Calvert
     Cantor
     Carter
     Coble
     Conaway
     Crenshaw
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     English (PA)
     Frelinghuysen
     Gilchrest
     Gillmor
     Granger
     Hall
     Harris
     Hastings (WA)
     Hobson
     Hoekstra
     Hyde
     Istook
     Jenkins
     Johnson, Sam
     Keller
     Knollenberg
     Kolbe
     Latham
     Linder
     Manzullo
     Marchant
     McCrery
     Miller (FL)
     Murtha
     Neugebauer
     Ney
     Nunes
     Otter
     Oxley
     Pearce
     Pitts
     Radanovich
     Rehberg
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Ryun (KS)
     Sabo
     Simpson
     Sullivan
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Walsh
     Wamp
     Wicker
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Lewis (CA)
     Mollohan
     Paul
     Snyder
     Wilson (SC)


                      Announcement by the Chairman

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

                              {time}  1859

  Mr. SHAYS, Mr. WELLER, and Ms. FOXX changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                     Amendment Offered by Mr. Lynch

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Massachusetts (Mr. 
Lynch) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 225, 
noes 197, not voting 10, as follows:

                             [Roll No. 216]

                               AYES--225

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (NY)
     Blumenauer
     Boehlert
     Boren
     Boswell
     Boucher
     Bradley (NH)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Camp (MI)
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Ford
     Fossella
     Frank (MA)
     Garrett (NJ)
     Gerlach
     Gohmert
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kaptur
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Kuhl (NY)
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Pomeroy
     Rahall
     Ramstad
     Rangel
     Reichert
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--197

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Foley
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Kanjorski
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCrery
     McHenry
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Murtha
     Paul
     Snyder
     Wilson (SC)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). One minute remains in this vote.

                              {time}  1903

  Mr. FOSSELLA changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                   Amendment Offered by Mr. Pascrell

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.

[[Page 9801]]

  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 188, 
noes 227, not voting 17, as follows:

                             [Roll No. 217]

                               AYES--188

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Bonner
     Boswell
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     DeGette
     Delahunt
     DeLauro
     Dent
     Doggett
     Doyle
     Duncan
     Emanuel
     Engel
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Frank (MA)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kelly
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Melancon
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pickering
     Platts
     Pomeroy
     Porter
     Price (NC)
     Ramstad
     Rangel
     Reichert
     Reyes
     Rothman
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Shays
     Sherman
     Shuster
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Stark
     Strickland
     Stupak
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wynn

                               NOES--227

     Aderholt
     Akin
     Alexander
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Boren
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costello
     Cramer
     Crenshaw
     Crowley
     Cubin
     Culberson
     Davis (KY)
     Davis (TN)
     Davis, Tom
     Deal (GA)
     DeFazio
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doolittle
     Drake
     Dreier
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Hoyer
     Hulshof
     Hyde
     Inglis (SC)
     Issa
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kaptur
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McHenry
     McHugh
     McMorris
     Meeks (NY)
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Olver
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Poe
     Pombo
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Saxton
     Schmidt
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Spratt
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiberi
     Turner
     Udall (NM)
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                             NOT VOTING--17

     Bachus
     DeLay
     Eshoo
     Evans
     Flake
     Hunter
     Istook
     Keller
     Kennedy (RI)
     McKeon
     Mollohan
     Murtha
     Paul
     Rogers (AL)
     Snyder
     Tiahrt
     Wilson (SC)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). One minute remains in this vote.

                              {time}  1906

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mr. Markey

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


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 198, 
noes 224, not voting 10, as follows:

                             [Roll No. 218]

                               AYES--198

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Emanuel
     Engel
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Price (NC)
     Ramstad
     Rangel
     Reichert
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--224

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot

[[Page 9802]]


     Chocola
     Coble
     Cole (OK)
     Conaway
     Cooper
     Cramer
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Kanjorski
     Kaptur
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Rahall
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     DeLay
     Eshoo
     Evans
     Flake
     Kennedy (RI)
     Mollohan
     Paul
     Radanovich
     Snyder
     Wilson (SC)

                              {time}  1916

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, as you know, the Department of Homeland Security is 
currently in the process of consolidating its data center as part of 
its infrastructure transformation program.
  The bill includes $41 million to establish services for a mirror data 
center to provide sufficient back-up and redundancy for the Department 
of Homeland Security data operations.
  Mr. ROGERS of Kentucky. The gentleman is correct.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield to my friend from 
Virginia who shares my concerns.
  Mr. MORAN of Virginia. Mr. Chairman, as the Department proceeds with 
the site selection for the mirror data services center, we feel it is 
important that all appropriate GSA site selection procedures be 
followed and that an RFP be issued clearly stating objective criteria 
for the site.
  We seek your assistance in ensuring these procedures are used and 
that a proper RFP is issued.
  Mr. ROGERS of Kentucky. You have my assurances proper site selection 
procedures will be used.
  Mr. TOM DAVIS of Virginia. Thank you, Mr. Chairman.


                    Amendment Offered by Mr. DeFazio

  Mr. DeFAZIO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. DeFazio:
       Page 3, line 15, insert after the dollar amount the 
     following: ``(reduced by $15,000,000)''.
       Page 5, line 19, insert after the dollar amount the 
     following: ``(increased by $11,500,000)''.

  Mr. DeFAZIO (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Chairman, this is a modified version of the 
amendment I offered earlier to bring the pay-out rates to sync. So I 
have reduced the additional funding for the Office of Inspector General 
to $11,500,000.
  Now, at that level, that is way below the $1 recovery for $1 
expenditure level for that office. If we put that additional funding in 
there, the taxpayers will save far in excess of that.
  As I said earlier, 3,622 allegations are still pending and have not 
yet been investigated because of the backlog of that office. Quite 
simply, to respond to the chairman's concerns earlier, I would see that 
this money could come from the what they call plus-up or that is, an 
increase of $3.4 million in the Chief of Staff's Office. The gentleman 
mentioned Office of the Under Secretary for Management earlier; that 
woman has resigned, and the office is vacant.
  And then if we took the $7 million from the limousine account, we 
would have more than $11,500,000. I would recommend this as a good 
investment for the taxpayers of America.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  The committee bill already provides $96 million plus for the 
Inspector General. That is an increase of $14 million over the current 
level. And of that increase, $11 million is to continue and expand 
audits and investigations related to the gulf coast hurricanes.
  So we have already increased funding for the inspector general by 17 
percent over current levels. And again, this money would come out of 
the Under Secretary of Management's Office. We have already cut $70 
million from that office.
  We are going to shut it down, and the Department will not be able to 
operate. So I urge a no vote.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Oregon will be 
postponed.


                   Amendment Offered by Mr. Marshall

  Mr. MARSHALL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Marshall:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $20,000,000)''.
       Page 39, line 6, after the first dollar amount, insert the 
     following: ``(increased by $20,000,000)''.

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman from Kentucky reserves a point of order.
  Mr. MARSHALL. Mr. Chairman, Chairman Rogers will be happy to know 
that the target of this amendment is also the Under Secretary of 
Management's budget, which still has money in it after our last series 
of votes.
  Mr. Chairman, in the 1980s, we gave amnesty and told the American 
people that the flow of illegal immigrants from Mexico was going to 
stop. It has not. And one of the main problems that employers have 
right now is their ability to quickly and reliably identify whether or 
not a proposed employee is a legal resident of the United States.
  In the President's budget, the President requested $110 million for 
the Employment Eligibility Verification Program. The committee has 
provided $90 million. Mrs. Miller of Michigan and I have joined 
together to submit this amendment which would add $20 million to the 
Employment Eligibility Verification Program, which would bring it up to 
the level that the President has requested.
  The moneys that are necessary to offset come from the Office of the 
Under Secretary For Management.


                             Point of Order

  Mr. ROGERS of Kentucky. Mr. Chairman, the amendment proposes to amend 
portions of the bill not yet read. The amendment may not be considered 
en bloc under clause 2(f) of rule XXI,

[[Page 9803]]

because the amendment proposes to increase the level of outlays in the 
bill.
  Mr Chairman, I ask for a ruling.
  The CHAIRMAN. Are there further Members wishing to be heard on the 
point of order?
  If not, the Chair is prepared to rule.
  Mr. MARSHALL. Mr. Chairman, I ask unanimous consent to withdraw my 
amendment.
  Mr. Chairman, I would like to make an inquiry if I could. Mr. 
Chairman, we have a CBO scoring.
  Apparently, Mr. Chairman, I apologize, the amendment which has been 
provided and which is at the desk and which was announced is not the 
amendment that we have submitted.
  What we would ask is permission to withdraw the amendment which has 
been submitted and actually submit the one that is supposed to have 
been submitted.
  The CHAIRMAN. Is there objection?
  Mr. ROGERS of Kentucky. Mr. Chairman, the amendment that was read is 
what we are relying upon here.
  Mr. MARSHALL. Mr. Chairman, we have an amendment that proposes to cut 
$20 million, pardon me, cut $24 million from the Office of the Under 
Secretary of Management and add $20 million to the employment 
verification program.
  CBO has scored it. We have been told that that is the appropriate 
amount to reduce the management budget by. I thought this amendment was 
at the desk. I am not somebody who delivered it for the purposes of 
this.
  But we should have an amendment at the desk that provides to reduce 
by $24 million the management budget, and increase by $20 million the 
budget for the Employment Eligibility Verification Program. CBO says 
that is the appropriate scoring.
  The CHAIRMAN. Is there objection to withdrawal of the current 
amendment?
  There was no objection.


                   Amendment Offered by Mr. Marshall

  Mr. MARSHALL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Marshall:
       Page 3, line 15, after the dollar amount, insert the 
     following: ``(reduced by $24,000,000)''.
       Page 39, line 6, after the first dollar amount, insert the 
     following: ``(increased by $20,000,000)''.

  Mr. MARSHALL. Mr. Chairman, I do not want to take a whole bunch of 
additional time repeating what I have previously said.
  Right now we have a very difficult time where illegal immigration is 
concerned, and employers tell all of us that the system we have in 
place right now for identifying whether or not a proposed employee is a 
legal resident is broken. It simply does not work. The President has 
asked for $110 million to work on this problem. We propose in this 
budget to give him $90 million.
  Mr. Chairman, I know the chairman supports the concept. The chairman 
and the committee chose not to give full funding. We simply recommend 
full funding, and we take the funds that are necessary from the Office 
of the Under Secretary of Management.
  Mrs. Miller of Michigan joins me in this request.
  Mrs. MILLER of Michigan. Mr. Chairman, I rise in support of the 
amendment.
  Mr. Chairman, I certainly want to thank the gentleman from Georgia 
(Mr. Marshall) for offering this amendment, which I am proud to 
cosponsor.
  Very simply, Mr. Chairman, this amendment would increase funding for 
the Employment Eligibility Verifi-
cation Program. It is a very important program. It requires employers 
to verify the employment eligibility and identity documents presented 
to the employer and record the document information.
  This program is a very important piece in our efforts to get control 
of our borders. One of the primary reasons so many immigrants, of 
course, come here illegally is to find work. That incentive only exists 
if jobs are available.
  The vast majority of businesses do want to comply with the law and 
hire only those in the country legally. But because of a lack of a 
reliable verification system, they are unable to be certain that those 
that they seek to hire are actually here legally.
  There are still other businesses that knowingly break the law in 
order to exploit cheap labor, and that has to be stopped. We are a 
Nation of laws, and the American people expect those laws to be 
followed. They have had enough of the current broken system, and we 
need to take action to ensure that only those that are in our country 
legally are able to find work.
  This program is key to ensuring that businesses are complying with 
the labor and immigration laws of our Nation. The President has 
requested $110 million for this program in his fiscal year 2007 budget 
proposal.
  As it stands, the legislation only provides for $90 million. And 
while I certainly understand and appreciate the chairman and the 
committee having very, very difficult decisions to make, I do believe 
the funding for this program is one of the most important things that 
we can do to cut down on the flood of immigrants who are here illegally 
crossing our border.
  Mr. Chairman, I think it is absolutely essential that we get control 
of our borders, and increased funding for employment eligibility 
verification will help us to do this.

                              {time}  1930

  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  The committee included 160 million dollars in the bill for USCIS 
salaries and expenses which is $115 million above the 2006 level. Their 
request included $110 million for the Employment Eligibility 
Verification program, mainly to fund development of new systems and 
intelligence communications, to support employer requests for 
confirmation of immigration status of their employees.
  The bill provides $90 million. The reason that we did not fully fund 
that program is because they do not need that much money. This $90 
million will be enough to begin the work needed to start defining 
systems needs and begin the design and procurement process. That is all 
they need for this. If we give them more, it will not be spent. They 
cannot spend more.
  We could certainly use that money. Certainly the Under Secretary for 
Management can use that money. If we continue to dip into his account, 
he will not exist and that is very, very important to manage the whole 
Department. I understand the gentleman and the gentlewoman's point on 
this; however, when you think that this amount of money will be all 
that they can use to get the program up and running, I think you will 
be satisfied with it. I urge defeat of the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Marshall).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. MARSHALL. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Georgia will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002 (6 U.S.C. 113), $43,480,000, of which 
     $18,000,000 is for the eMerge2 Program: Provided, 
     That $10,000,000 shall be withheld from obligation until the 
     Office of the Chief Financial Officer submits monthly budget 
     execution reports to the Committees on Appropriations of the 
     Senate and the House of Representatives as required by 
     section 529 of this Act.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $364,765,000; of which 
     $79,521,000 shall be available for salaries and expenses; and 
     of which $285,244,000 shall be available for development and 
     acquisition of information technology equipment, software, 
     services, and related activities for the Department of 
     Homeland Security, and for the costs of conversion to 
     narrowband communications, including the cost for operation 
     of the land mobile radio legacy systems, to remain available 
     until expended: Provided, That none of the funds appropriated 
     shall be used to support or supplement the appropriations 
     provided for the

[[Page 9804]]

     United States Visitor and Immigrant Status Indicator 
     Technology project or the Automated Commercial Environment.


                   Amendment No. 5 Offered by Mr. Poe

  Mr. POE. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Poe:
       Page 4, line 11, after the dollar amount, insert the 
     following: ``(reduced by $41,000,000)''.
       Page 4, line 13, after the dollar amount, insert the 
     following: ``(reduced by $41,000,000)''.
       Page 14, line 6, after the dollar amount, insert the 
     following: ``(increased by $41,000,000)''.
       Page 14, line 18, after the dollar amount, insert the 
     following: ``(increased by $41,000,000)''.

  Mr. POE. Mr. Chairman, I offer this amendment today because the 
Federal Government has failed to protect our Nation's interiors from 
illegals. We allow thousands a day to enter illegally in this country 
and do not know where they are or why they are coming here. It is a 
common understanding among illegals that once they get past the Border 
Patrols, which only patrols the first inner 30 miles of our borders, 
and get into the United States, they are home free in America. There 
are not enough interior officers to capture illegals.
  What this shows us is we need a new approach, one centered on 
enforcing the Nation's interior. We send a mixed message when we say we 
are serious about border protection but give a wink and a nod to those 
who make it into the interior of this country. They know they will not 
be captured.
  With the other Chamber passing sweeping immigration changes today 
that will undoubtedly place more of a burden on our Border Patrol, and 
even allow more illegal aliens to settle into the community, it is 
incumbent on this body to give communities more resources to clean up 
Federal failures. Increasingly, more of the burden of illegal 
immigration is falling on the shoulders of State and local governments 
to absorb the populations into their communities. The problem is 
particularly troubling in border communities and major trafficking 
routes in the Southwest. I know because I have been there and I have 
seen it.
  Mr. Chairman, the first duty of government is to protect the 
citizens. The 287(g) program fulfills this duty. This program is a 
voluntary program that gives State and local enforcement, at their 
choosing, immigration enforcement training so they can protect their 
communities. The Nation has 750,000 State and local law enforcement, 
and they can be an effective force in assisting Federal authorities. 
The program is voluntary to local police if they choose to help enforce 
immigration laws.
  For example, the Florida Department of Law Enforcement, the first in 
the Nation to enter into a 287(g) agreement, used trained officers to 
fight terrorism. Alabama has used these agreements to go after a 
growing human trafficking problem because the Federal ICE presence in 
Alabama was limited in their State to only three officers.
  Los Angeles County is looking at the program to help identify and 
remove criminal aliens from their jails before they are released. This 
is a major problem as ICE estimates there are a half million criminal 
aliens in U.S. jails and prisons, and they have not been identified for 
removal to their countries. Without adequate action, many of these 
criminals could be released back into the community rather than being 
deported. A 287 agreement between ICE and local officials could result 
in more criminal aliens being identified and removed from the United 
States before they are released from jail and have to be rearrested.
  Mr. Chairman, as a co-chair of the Congressional Victims Right 
Caucus, crimes committed by people who have no right to be here in the 
first place are especially troubling to me, especially if we have 
already had them in custody once.
  Take into account the following cases: in Lake Worth, Florida, an 
illegal alien from the Bahamas named Milagro Cunningham took an 8-year-
old girl to a nearby landfill where he proceeded to sexually assault 
her, choke her and leave her for dead in a rock-filled trash bin. 
Cunningham had been arrested three times by Palm Beach County Sheriff's 
Department prior to the incident and not once was his immigration 
investigated. If Palm Beach County Sheriff's Department had the 
authority under 287(g) and an agreement been in place, his status could 
have been verified and then turned over to Federal immigration for his 
removal from this country.
  Angel Resendez, the notorious railroad killer, who sits now on Texas 
death row for 14 murders he committed in the United States, he came to 
this country illegally from Mexico. And during his killings, Resendez 
crossed the U.S. southern border with Mexico at will and managed to 
slip in and out of the hands of local law enforcement many times. Just 
think if 287(g) was enforced, we could have spared the lives of 14 
people had local law enforcement had the training and authority to 
inquire into his legal status instead of letting him go.
  The 287(g) programs can be expanded and modeled for any need, whether 
it is a task force investigating alien gangs such as the MS-13 or the 
document fraud rings or human smuggling.
  While these examples show the great promise of 287(g) programs, the 
reality is Congress hasn't provided the funds to see how effective this 
program can really be. The authority has been available for 10 years, 
but since 2001 only funding has been allowed for 159 State and local 
officers. The fact of the matter is local law enforcement is going to 
come in contact with criminal aliens like Cunningham and Resendez 
during the course of their daily duties. Now, what are we going to do 
about that?
  Today we have a choice. We can sit idly by and let these criminals 
slip through law enforcement's hands, or we can give our country's 
finest local and State in uniform the resources they need to protect 
and serve. We have the ability today to send a strong message that the 
lawlessness will not stand and we will preserve our first duty of 
government to protect the citizens.
  This amendment today seeks to increase the 287(g) program by $41 
million by removing the $41 million that is even above the President's 
request for the bureaucrat backup information technology center under 
the Chief Information Officer of the DHS. There is a growing need to 
expand these and I ask adoption of this amendment.
  Mr. PRICE of North Carolina. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I rise in opposition to the Poe amendment. Although I 
have some concerns about the intended use of the $41 million that is 
the subject of this amendment, I want to focus tonight on the offset.
  My colleague from Texas proposes to offset the cost of his amendment 
with an equivalent reduction to the Office of Chief Information 
Officer, specifically targeting funds that the committee has included 
to cover the establishment of a mirror, or back-up, data center.
  It has been 4 years now since the creation of the Department of 
Homeland Security, and we are still at least months away from 
consolidating and securing data that is essential to protecting the 
homeland. Agreeing to the Poe amendment would strip funds intended for 
the establishment of this second data center which we should be 
accelerating, not delaying.
  To take on face value that this funding is not important because it 
was not part of the President's budget request is to abandon this 
institution's responsibility and authority. We are responsible for 
overseeing the Department's budget and operations, and this additional 
funding is the result of our subcommittee's best judgment.
  Having a mirror data center for the Department of Homeland Security 
is not only desirable; it is essential. If last hurricane season taught 
us anything, it is that we need to be fully prepared for the next 
disaster. The Poe amendment would compromise that preparedness. I urge 
colleagues to reject it.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.

[[Page 9805]]

  I want to identify with the remarks just made by the gentleman from 
North Carolina. It is urgent, in my judgment, that Mr. Poe secures more 
money for the 287(g) program. I think that is an essential matter that 
needs to be taken care of, to get State and local law enforcement 
assistance in the enforcement of the immigration laws. We will never be 
able to get enough border control to completely handle the problem in 
my judgment, unless we get the active assistance of State and local law 
enforcement, as authorized and funded.
  In the bill we provided $5.4 million for training of local law 
enforcement officers in participation in 287(g) and the President's 
border supplemental proposes a $50 million increase. So we are going to 
get that money that Mr. Poe would like for us to have; we are just 
going to get it from another source.
  I agree with the gentleman from North Carolina on the need to keep 
the money in the Chief Information Officer's account for the data 
center. And it will assist, those data centers will assist the border 
effort to be sure that we keep out people that should not be in the 
country. We cannot do it without a coordinated data collection center, 
and that is what this bill includes $41 billion for.
  Currently, the Department has 17 of these centers scattered all over 
the country, largely a legacy of consolidating multiple agencies when 
we formed the Department. Running those multiple data floors is 
expensive. It hinders information sharing. It creates security 
vulnerabilities. The Department estimates that consolidation to twin 
facilities as the bill proposes will save $50 million each year, 
starting in 2009, with two mirror sites.
  The current information silos scattered across the Department will be 
done away with, allowing a consolidated view of information, a critical 
element of information sharing. Having information at twin sites allows 
it to be under one security umbrella, leaving fewer opportunities to 
compromise secure information.
  The first center is being built in Stennis, Mississippi. The 
Department plans to release a request for information to begin the 
competitive process to locate a surface for a second mirror facility 
this year. Without a redundant data center, should something happen to 
this Stennis facility, DHS would not be able to operate. People could 
not cross the border. Travelers would stop at airports. Coast Guard 
data would be lost.
  So I urge the Members to reject this amendment so that we can have 
the data centers that are absolutely vital to the successful operation 
of the Department and the battle to keep illegals out of the country.
  I would point out again to Mr. Poe that when the President's border 
supplemental passes, you will get not just the $41 million you seek, 
but $50 million dollars. So we are with you. We are just doing it a 
different way. I urge a defeat of the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Poe).
  The amendment was rejected.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                        Analysis and Operations

       For necessary expenses for information analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $298,663,000, to remain available until September 30, 2008, 
     of which not to exceed $5,000 shall be for official reception 
     and representation expenses.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

       For necessary expenses of the Office of the Federal 
     Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided, 
     That $1,000,000 shall not be available for obligation until 
     the Federal Coordinator submits to the Committee on 
     Appropriations of the House of Representatives a report 
     related to Federal rebuilding efforts.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $96,185,000, of which not to exceed 
     $100,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

    United States Visitor and Immigrant Status Indicator Technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), $362,494,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $312,494,000 may not be obligated for the 
     United States Visitor and Immigrant Status Indicator 
     Technology project until the Committees on Appropriations of 
     the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.

                     Customs and Border Protection

                         salaries and expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, and agricultural 
     inspections and regulatory activities related to plant and 
     animal imports; purchase and lease of up to 4,500 (3,500 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $5,435,310,000; of 
     which $3,026,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
     not to exceed $45,000 shall be for official reception and 
     representation expenses; of which not less than $162,976,000 
     shall be for Air and Marine Operations; of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
     shall be derived from that account; of which not to exceed 
     $150,000 shall be available for payment for rental space in 
     connection with preclearance operations; and of which not to 
     exceed $1,000,000 shall be for awards of compensation to 
     informants, to be accounted for solely under the certificate 
     of the Secretary of Homeland Security: Provided, That for 
     fiscal year 2007, the overtime limitation prescribed in 
     section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     267(c)(1)) shall be $35,000; and notwithstanding any other 
     provision of law, none of the funds appropriated by this Act 
     may be available to compensate any employee of the Bureau of 
     Customs and Border Protection for overtime, from whatever 
     source, in an amount that exceeds such limitation, except in 
     individual cases determined by the Secretary of Homeland 
     Security, or the designee of the Secretary, to be necessary 
     for national security purposes, to prevent excessive costs, 
     or in cases of immigration emergencies: Provided further, 
     That no funds shall be available for the site acquisition, 
     design, or construction of any Border Patrol checkpoint in 
     the Tucson sector: Provided further, That the Border Patrol 
     shall relocate its checkpoints in the Tucson sector at least 
     once every seven days in a manner designed to prevent persons 
     subject to inspection from predicting the location of any 
     such checkpoint: Provided further, That of the total amount 
     made available under this heading, $115,000,000 shall be for 
     the Secure Border Initiative Technology and Tactical 
     Infrastructure (SBInet) program, project, and activity, to 
     remain available until expended, of which $25,000,000 shall 
     not be available for obligation until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan for expenditure prepared by the 
     Secretary of Homeland Security that--
       (1) defines activities, milestones, and costs for 
     implementing the program;
       (2) demonstrates how activities will further the goals and 
     objectives of the SBI, as defined in the SBI multi-year 
     strategic plan;
       (3) identifies funding and the organizational staffing 
     (including full-time employee equivalents, contractors, and 
     detailees) requirements by activity;
       (4) reports on costs incurred, the activities completed, 
     and the progress made by the program;
       (5) includes a certification by the Chief Procurement 
     Officer of the Department of

[[Page 9806]]

     Homeland Security that procedures to prevent conflicts of 
     interest between the prime integrator and major 
     subcontractors are established and that an independent 
     verification and validation agent is currently under contract 
     for the project;
       (6) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget;
       (7) complies with the capital planning and investment 
     control review requirements established by the Office of 
     Management and Budget, including Circular A-11, part 7;
       (8) complies with all applicable acquisition rules, 
     requirements, guidelines, and best systems acquisition 
     management practices of the Federal Government; and
       (9) is reviewed by the Government Accountability Office.

                              {time}  1945


                 Amendment Offered by Mr. King of Iowa

  Mr. KING of Iowa. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. King of Iowa:
       Page 7, line 23, after the first dollar amount, insert the 
     following: ``(reduced by $2,000,000)''.
       Page 14, line 6, after the dollar amount, insert the 
     following: ``(increased by $2,000,000)''.

  Mr. KING of Iowa. Mr. Chairman, I rise to offer the King-Shadegg-
Souder amendment. It is an amendment that transfers $2 million for the 
Shadow Wolves. They are a unique organization that takes the funding 
from Customs and Border Patrol and shifts it over to ICE, and the 
intention is to transfer Shadow Wolves over to ICE, that $2 million.
  That would take care of the salaries and expenses and the 
appropriations accordingly. The intent is to make sure that this 
specialized unit called the Shadow Wolves, who have shown so much 
efficiency with their border patrol and their drug interdiction and the 
unique skills that they have, can be protected and enhanced and 
encouraged and their unique culture can be expanded.
  They now work within the Tohono O'odham Reservation in southern 
Arizona. They control 76 miles of that border which is 2.8 million 
acres. Their record has been astonishing, Mr. Chairman, and I have been 
down there to review their work and gotten to know some of them. We 
tried to work out a solution here by which they can be encouraged and 
enhanced.
  One of the people who has a great voice for Native Americans all 
across this country is the gentleman from Oklahoma (Mr. Cole) to whom I 
would be happy to yield.
  Mr. COLE of Oklahoma. Mr. Chairman, will the gentleman yield?
  Mr. KING of Iowa. I yield to the gentleman from Oklahoma.
  Mr. COLE of Oklahoma. Mr. Chairman, I rise in support of this 
important amendment that will aid the outstanding work of the Shadow 
Wolves.
  The Shadow Wolves, who were recognized by Congress in 1972, patrol 
the international land border within the Tohono O'odham Indian Nation 
in the State of Arizona. The Shadow Wolves' officers are Native 
Americans who combine modern technology and traditional Native American 
tracking techniques. Their unit includes the Blackfoot, Cheyenne and 
Pima tribes. Their motto is: ``In brightest day, in darkest night, no 
evil shall escape my sight, for I am the Shadow Wolf.''
  Mr. Chairman, these agents, numbering only 16, have combined to seize 
an average of over 100,000 pounds of illegal narcotics annually. In 
some years, they intercept as much as a third of all the marijuana 
stopped by Customs officials in Arizona.
  This commonsense amendment is budget neutral. It will merely transfer 
the Shadow Wolves' unit funding from Customs and Border Patrol to 
Immigration and Customs enforcement.
  Funding for the Shadow Wolves should not be held hostage by internal 
power struggles within the Department of Homeland Security. Instead, 
they should be funded and allowed to operate to their fullest 
potential.
  Mr. Chairman, I thank the gentleman from Iowa for bringing this 
excellent amendment to the floor.
  Mr. KING of Iowa. Mr. Chairman, reclaiming my time, I thank the 
gentleman.
  Mr. SOUDER. Mr. Chairman, will the gentleman yield?
  Mr. KING of Iowa. I yield to the gentleman from Indiana, the chairman 
of the Government Reform Subcommittee on Criminal Justice, Drug Policy 
and Human Resources.
  Mr. SOUDER. Mr. Chairman, I thank the gentleman, and I want to thank 
Chairman Rogers and the committee for being willing to hopefully 
support this amendment and continue to work in conference.
  This is a major breakthrough. This is something we have been working 
towards for years to keep this unit together.
  I want to thank Julie Miers and Deb Spiro of the CBP and the ICE 
assistant secretary, Chairman King and Chairman Lungren and the 
Homeland Security authorizing committee.
  This is something that is finally happening, and it is an exciting 
time for one of the most critical drug trafficking organizations in the 
sense of they break the drug trafficking, they break the smuggling and 
trafficking inside of the Native American reservation. It is something 
we ought to be working to preserve, and I want to thank the committee 
for working with us and all the others, as well as the agencies.
  This is a historic night that we have been working towards for 4 to 6 
years. I thank you very much.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. KING of Iowa. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I think the gentleman has 
offered a very helpful amendment, and I congratulate him on that and 
those who are supporting the amendment, and the committee would like to 
accept it.
  Mr. KING of Iowa. Mr. Chairman, I thank the chairman and I am 
grateful for his work on all of our security in this Nation, and I am 
hopeful that as we go forward to conference we could have a better look 
at the finances required to keep the Shadow Wolves as vital as we can.
  With that, I encourage support of the amendment, the King-Souder-
Shadegg amendment, and I thank the chairman.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Iowa (Mr. King).
  The amendment was agreed to.


                     Amendment Offered by Mr. Reyes

  Mr. REYES. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Chair notes that the amendment addresses a portion 
of the bill not yet read for amendment.
  Is there objection to consideration of the amendment at this time?
  Without objection, the Clerk will report the amendment.
  There was no objection.
  The Clerk read as follows:

       Amendment offered by Mr. Reyes:
       Page 7, line 23, after the first dollar amount, insert the 
     following: ``(increased by $1,950,000,000)''.
       Page 11, line 2, strike the period at the end and insert a 
     colon.
       Page 11, after line 2, insert the following:
     Provided further, That, of the total amount provided, 
     $1,700,000,000 shall be for an additional 10,000 Border 
     Patrol agents: Provided further, That, of the total amount 
     provided, $250,000,000 shall be for expanding the Border 
     Patrol Training Academy to accommodate training for such 
     additional Border Patrol agents.

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on 
the gentleman's amendment.
  The CHAIRMAN. The gentleman from Kentucky reserves a point of order.
  Mr. REYES. Mr. Chairman, before being elected to Congress, I served 
for 26\1/2\ years in the United States Border Patrol, including 13 of 
those as sector chief in McAllen and El Paso, Texas. I have years of 
experience patrolling the desert of the U.S.-Mexico border region, 
supervising thousands of hardworking, dedicated Border Patrol agents 
and doing anything within my power to strengthen our borders and to 
reduce illegal immigration.
  However, Mr. Chairman, it does not take that kind of experience to 
know that this bill fails to provide the funding required to hire and 
train the Border Patrol agents that we need to secure our Nation's 
borders.
  Instead of funding the 2,000 new Border Patrol agents authorized 
under the

[[Page 9807]]

9/11 Commission legislation passed by this very Congress in 2004, the 
bill before us today provides only enough money for 1,200 new agents.
  Mr. Chairman, I ask you, what kind of logic is it to spend $1.9 
billion to deploy our already overburdened National Guard troops to the 
U.S.-Mexico border on a supposedly temporary basis but then fail to 
provide the resources necessary to hire and train an adequate number of 
Border Patrol agents who are charged with securing our Nation's 
borders? From my perspective, Mr. Chairman, it is flawed logic, and it 
is also bad policy.
  That is why I am offering this amendment with my friend and colleague 
from Texas, Representative Solomon Ortiz, who also has many years of 
law enforcement experience as a sheriff in the border region and today 
represents a border district.
  Our amendment would provide the funds necessary to hire and train 
10,000 new Border Patrol agents, which is in line with what Congress 
authorized in the 9/11 Commission bill. It would also about double the 
current size of the U.S. Border Patrol, which is about what we need to 
do in my opinion before we can reassess whether or not we have achieved 
operational control of our borders.
  Mr. Chairman, many of my congressional colleagues talk a great deal 
about border security. Yet, when it comes time to actually fund 
additional Border Patrol agents or other necessary security personnel, 
equipment and technology, we always come up very short. From my 
perspective, I guess this bill is no different. What is it going to 
take for us to start putting our money where our mouth is?
  With that, I urge my colleagues to support this amendment.


                             Point of Order

  The CHAIRMAN. Does the gentleman insist on his point of order?
  Mr. ROGERS of Kentucky. Mr. Chairman, I do make a point of order 
against the amendment because it is in violation of section 302(f) of 
the Congressional Budget Act of 1974.
  The Committee on Appropriations filed a suballocation of budget 
totals for fiscal year 2007 on May 18. The adoption of this amendment 
would cause the subcommittee suballocation for budget authority made 
under section 302(b) to be exceeded and is not permitted under section 
302(f) of the Act.
  I ask for a ruling.
  The CHAIRMAN. Are there any Members who wish to be heard further on 
the point of order?
  Mr. REYES. Mr. Chairman, I believe that we are long overdue in taking 
the proper action to fund our United States Border Patrol. I have heard 
a number of my colleagues come on this floor and criticize them, 
because they get erroneous information, I might add, from members of 
the Minutemen project. The Minutemen project came about because of the 
frustration that the general population was feeling at our inability to 
control this Nation's borders.
  If, in fact, this amendment is ruled out of order, and in fact we 
cannot come up with the $1.9 billion that are necessary to fund the 
Border Patrol so they can control the border, then why is it that we 
spend so much time talking tough about border enforcement, talking 
tough about stopping an invasion, talking tough about securing the 
border at a time when we are at war with terrorists?
  All of the talk in the world does not translate to resources for the 
United States Border Patrol. All the talk in the world does not stop 
terrorists from coming into this country, but what we do need to do is 
recognize that the Border Patrol needs additional staffing. They need 
additional equipment. They need additional technology. The President 
went on national TV to make that point.
  The CHAIRMAN. If the gentleman would suspend, the Chair is 
constrained to point out that remarks need to be directed to the point 
of order as opposed to the merits of the amendment. Does the gentleman 
wish to be heard on the point of order raised by the gentleman from 
Kentucky?
  Mr. REYES. No, thank you.
  The CHAIRMAN. Are there further Members wishing to speak on the point 
of order? If not, the Chair is prepared to rule.
  The Chair is authoritatively guided under section 312 of the Budget 
Act by an estimate of the Committee on the Budget that an amendment 
providing any net increase in new discretionary budget authority would 
cause a breach of the pertinent allocation of such authority. The 
amendment offered by the gentleman from Texas would increase the level 
of new discretionary budget authority in the bill and, as such, the 
amendment violates section 302(f) of the Budget Act. The point of order 
is sustained, and the amendment is not in order.
  The Clerk will read.
  The Clerk read as follows:

                        automation modernization

       For expenses for customs and border protection automated 
     systems, $451,440,000, to remain available until expended, of 
     which not less than $316,800,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That of 
     the total amount made available under this heading, 
     $216,800,000 may not be obligated for the Automated 
     Commercial Environment until the Committees on Appropriations 
     of the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that--
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     information systems enterprise architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) includes a certification by the Chief Information 
     Officer of the Department of Homeland Security that an 
     independent verification and validation agent is currently 
     under contract for the project;
       (5) is reviewed and approved by the Department of Homeland 
     Security Investment Review Board, the Secretary of Homeland 
     Security, and the Office of Management and Budget; and
       (6) is reviewed by the Government Accountability Office.

     cbp air and marine interdiction, operations, maintenance, and 
                              procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aerial 
     vehicles, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, and rental payments for facilities occupied by the 
     air or marine interdiction and demand reduction programs, the 
     operations of which include the following: the interdiction 
     of narcotics and other goods; the provision of support to 
     Federal, State, and local agencies in the enforcement or 
     administration of laws enforced by the Department of Homeland 
     Security; and at the discretion of the Secretary of Homeland 
     Security, the provision of assistance to Federal, State, and 
     local agencies in other law enforcement and emergency 
     humanitarian efforts, $373,199,000, to remain available until 
     expended: Provided, That no aircraft or other related 
     equipment, with the exception of aircraft that are one of a 
     kind and have been identified as excess to the Bureau of 
     Customs and Border Protection requirements and aircraft that 
     have been damaged beyond repair, shall be transferred to any 
     other Federal agency, department, or office outside of the 
     Department of Homeland Security during fiscal year 2007 
     without the prior approval of the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: Provided further, That of the total amount 
     made available under this heading, $6,800,000 shall not be 
     available for obligation until the Committee on 
     Appropriations and the Committee on Homeland Security of the 
     House of Representatives receive a report on the April 25, 
     2006, unmanned aerial vehicle mishap.


                     Amendment Offered by Mr. Mica

  Mr. MICA. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Mica:
       Page 13, lines 13 and 14, after ``the Committee on 
     Appropriations'' insert ``, the Committee on Transportation 
     and Infrastructure,''.

  Mr. MICA. Mr. Chairman, I appreciate consideration of my amendment by 
the subcommittee.
  This amendment adds the Transportation and Infrastructure Committee 
to the list of committees to receive a report on the April 25, 2006, 
unmanned aerial vehicle mishap.
  The operation of Customs and Border Protection unmanned aerial 
vehicles sometimes occurs and has occurred in our National Airspace 
System, and

[[Page 9808]]

that is also taking place along our Nation's southern border, and 
perhaps eventually that will also occur on the northern border.
  All Customs and Border Protection UAV operations are conducted now in 
compliance with the Federal Aviation Administration with an FAA-issued 
Certificate of Authorization. It sets forth various restrictions and 
conditions of operation.
  Operations will take place within an FAA-established Temporary Flight 
Restriction area.

                              {time}  2000

  The operations of UAVs outside the restricted airspace, in the 
integrated airspace with manned vehicles, poses some unique safety 
issues for the FAA. Information indicates that the unmanned aerial 
system accident rate is two to three orders of magnitude greater than 
it is for manned systems. That is why it is important that the Customs 
and Border Protection UAV, which was involved in a mishap on April 25, 
2006, and operating again within this space and under an FAA-issued 
certificate of authorization, should also be under the jurisdiction or 
at least the concern of this report provided to the Committee on 
Transportation and Infrastructure. This accident is being investigated 
by the National Safety Transportation Board with the assistance of the 
FAA.
  The Transportation and Infrastructure Committee of the House has 
great interest in learning about this accident, particularly as the FAA 
is developing regulations and procedures for the integration of these 
UAV vehicles into our National Air System for the future.
  It is a minor amendment, but it does recognize some of the 
jurisdictional interests of our committee, and I ask for its 
consideration.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. MICA. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I think the gentleman has 
offered a very helpful amendment and certainly should be accepted.
  The Transportation and Infrastructure Committee and the Aviation 
Subcommittee, which the gentleman chairs, has a very direct interest in 
the flights of the UAVs as it relates to commercial aviation 
especially.
  So I thank the gentleman for the amendment.
  Mr. MICA. I thank the gentleman for his consideration and also for 
his acceptance of this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida (Mr. Mica).
  The amendment was agreed to.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:


                              construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $175,154,000, to remain available 
     until expended.

                  Immigration and Customs Enforcement

                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 2,740 (2,000 for replacement 
     only) police-type vehicles, $3,843,257,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations pursuant to section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $102,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline; of which not less than $203,000 shall be for Project 
     Alert; of which not less than $5,400,000 may be used to 
     facilitate agreements consistent with section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)); and of 
     which not to exceed $11,216,000 shall be available to fund or 
     reimburse other Federal agencies for the costs associated 
     with the care, maintenance, and repatriation of smuggled 
     illegal aliens: Provided, That none of the funds made 
     available under this heading shall be available to compensate 
     any employee for overtime in an annual amount in excess of 
     $35,000, except that the Secretary of Homeland Security, or 
     the designee of the Secretary, may waive that amount as 
     necessary for national security purposes and in cases of 
     immigration emergencies: Provided further, That of the total 
     amount provided, $15,770,000 shall be for activities to 
     enforce laws against forced child labor in fiscal year 2007, 
     of which not to exceed $6,000,000 shall remain available 
     until expended.


                     Amendment Offered by Mr. Reyes

  Mr. REYES. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Reyes:
       Page 14, line 6, after the dollar amount, insert the 
     following: ``(increased by $2,050,000,000)''.

       Page 15, line 9, insert before the period at the end the 
     following:

     : Provided further, That, of the total amount provided, 
     $2,050,000,000 shall be for necessary detention bed space, 
     personnel, and removal costs to end ``catch and release''

  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. The gentleman reserves a point of order.
  Mr. REYES. Mr. Chairman, I rise today as a Member who represents a 
border community who has always been concerned about our national 
security and our border security. Today, still, our border security is 
driven by money not policy, and certainly not in the best interest of 
our security. This amendment gives DHS the necessary funds, $2.05 
billion, to fund the 35,000 beds they have stated they need to 
eliminate the budget-driven catch-and-release policy.
  What has appalled so many of us is that DHS is catching and releasing 
thousands of illegal immigrants into the general population of the 
United States because they simply do not have the detention space to 
hold them. These illegal immigrants, also referred to as OTMs, or other 
than Mexicans, are given what they refer to as ``walking papers'' and 
are released on their own recognizance with an order to appear 
voluntarily at a deportation hearing weeks after their release. In 
fact, Mr. Chairman, they are asked where they are traveling to in order 
to give them a hearing near their final destination. Of those released, 
about 5 percent actually return for this hearing. But that number is 
probably high, in my opinion.
  This is hurting the morale of our U.S. Border Patrol agents and is a 
misguided process. Because of catch-and-release, the number of 
immigrants who have come across our borders has significantly 
increased. According to the April 2006 DHS Inspector General report, 
here is what underfunding border security means to this country: 
774,112 illegal immigrants were apprehended during the past 3 years. Of 
those, 280,987, or approximately 36 percent, were released largely due 
to lack of personnel, bed space, and funding.
  The report also says that the number of illegal immigrants 
apprehended in the U.S. is increasing, while personnel and bed space 
levels are declining. In the 2 years just after 9/11, illegal 
immigrants captured in the U.S. rose some 19 percent, from 231,000 to 
about 275,000.
  This remains a prominent national security risk. And I am including 
for the Record a news story about how the deportations work. These OTMs 
include aliens from countries whose governments support state-sponsored 
terrorism as well as those from countries of special interest who 
promote, produce or protect terrorist organizations and their members. 
They also include aliens who should be identified, detained, and 
removed under the DHS's Criminal Alien Removal Program, but who are not 
included in that program because there is no funding.
  The 9/11 Commission recognized this national security risk and 
recommended to us in Congress that we fund 8,000 detention beds each 
year for the next 5 years, for a total of 40,000 beds. We passed these 
recommendations into law in December of 2004, yet this Congress has not 
funded those very recommendations. In fact, the homeland security 
appropriations bill that we have before us today includes funding for 
only about 4,800 detention beds. That is approximately 3,100 less than 
what the 9/11 Commission said was the minimum that we should be doing 
to increase our security. Last year, the Congress funded only 4,250 
detention beds. That is 3,700 short of what the 9/11 Commission 
recommended.
  Our willful neglect of our border security has angered our fellow 
citizens.

[[Page 9809]]

As a political gesture, this administration and this Congress want to 
build walls and militarize the border as a response. That is not what 
we need. We need to keep our promises to the American people and fund 
those promises that we have made. We must send a clear message that 
when you cross our borders illegally, you will be caught and detained.
  Believe me, Mr. Chairman, I, as well as every Member in this House, 
understand the fiscal situation that we are in. However, time after 
time we seem to find money for other things. Why can't we find the 
money for our detention space which we desperately need and which is 
directly related to the security of this country? Compromising border 
security is not the way to trim our deficit.
  We are long past the point of an emergency and must include this 
money to protect our borders, to protect our country, and to get us out 
of this crisis that we have worked our way into.


                             Point of Order

  The CHAIRMAN. Does the gentleman from Kentucky insist upon his point 
of order?
  Mr. ROGERS of Kentucky. I do, Mr. Chairman.
  I make a point of order against the amendment because it is in 
violation of section 302(f) of the Congressional Budget Act of 1974.
  The Committee on Appropriations filed a suballocation of budget 
totals for fiscal year 2007 on May 18. The adoption of this amendment 
would cause the subcommittee's suballocation for budget authority made 
under section 302(b) to be exceeded, and is not permitted under section 
302(f) of the act.
  I ask for a ruling.
  The CHAIRMAN. Are there any Members wishing to speak on the point of 
order? If not, the Chair is prepared to rule.
  For the reasons stated in the Chair's ruling on the prior amendment 
by the gentleman from Texas, the point of order is sustained, and the 
amendment is not in order.
  The Clerk will read.
  The Clerk read as follows:

                       federal protective service

       The revenues and collections of security fees credited to 
     this account, not to exceed $516,011,000, shall be available 
     until expended for necessary expenses related to the 
     protection of federally-owned and leased buildings and for 
     the operations of the Federal Protective Service.

                              construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $26,281,000, to remain available 
     until expended.

                 Transportation Security Administration

                           aviation security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $4,704,414,000, to remain available until September 30, 2008, 
     of which not to exceed $3,000 shall be for official reception 
     and representation expenses: Provided, That of the total 
     amount made available under this heading, not to exceed 
     $3,740,866,000 shall be for screening operations, of which 
     $136,000,000 shall be available only for procurement of 
     checked baggage explosive detection systems and $94,000,000 
     shall be available only for installation of checked baggage 
     explosive detection systems; and not to exceed $963,548,000 
     shall be for aviation security direction and enforcement: 
     Provided further, That security service fees authorized under 
     section 44940 of title 49, United States Code, shall be 
     credited to this appropriation as offsetting collections and 
     shall be available only for aviation security: Provided 
     further, That the sum herein appropriated from the General 
     Fund shall be reduced on a dollar-for-dollar basis as such 
     offsetting collections are received during fiscal year 2007, 
     so as to result in a final fiscal year appropriation from the 
     General Fund estimated at not more than $2,284,414,000: 
     Provided further, That any security service fees collected in 
     excess of the amount made available under this heading shall 
     become available during fiscal year 2008: Provided further, 
     That notwithstanding section 44923 of title 49, United States 
     Code, the share of the cost of the Federal Government for a 
     project under any letter of intent shall be 75 percent for 
     any medium or large hub airport and not more than 90 percent 
     for any other airport, and all funding provided by section 
     44923(h) of title 49, United States Code, or from 
     appropriations authorized under section 44923(i)(1) of title 
     49, United States Code, may be distributed in any manner 
     deemed necessary to ensure aviation security and to fulfill 
     the Government's planned cost share under existing letters of 
     intent: Provided further, That no funding may be obligated 
     for air cargo security, other than that for air cargo 
     inspectors, canines, and screeners, until a detailed air 
     cargo security action plan addressing each of the 
     recommendations contained in the 2005 Government 
     Accountability Office Report (GAO-06-76) on domestic air 
     cargo security is provided to the Committee on Appropriations 
     and Committee on Homeland Security of the House of 
     Representatives: Provided further, That beginning in fiscal 
     year 2007 and thereafter, reimbursement for security services 
     and related equipment and supplies provided in support of 
     general aviation access to the Ronald Reagan Washington 
     National Airport shall be credited to this appropriation and 
     shall be available until expended solely for those purposes: 
     Provided further, That none of the funds in this Act shall be 
     used to recruit or hire personnel into the Transportation 
     Security Administration which would cause the agency to 
     exceed a staffing level of 45,000 full-time equivalent 
     screeners.

                    surface transportation security

       For necessary expenses of the Transportation Security 
     Administration related to providing surface transportation 
     security activities, $37,200,000, to remain available until 
     September 30, 2008.


           transportation threat assessment and credentialing

       For necessary expenses for the development and 
     implementation of screening programs of the Office of 
     Transportation Threat Assessment and Credentialing, 
     $74,700,000, to remain available until September 30, 2008.

                    transportation security support

       For necessary expenses of the Transportation Security 
     Administration related to providing transportation security 
     support and intelligence pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597; 49 U.S.C. 40101 note), $523,283,000, to remain available 
     until September 30, 2008: Provided, That of the funds 
     appropriated under this heading, $5,000,000 may not be 
     obligated until the Secretary of Homeland Security submits to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a detailed expenditure plan for explosive 
     detection systems refurbishment, procurement, and 
     installations on an airport-by-airport basis for fiscal year 
     2007: Provided further, That this plan shall be submitted no 
     later than 60 days from the date of enactment of this Act.


                   Amendment Offered by Mr. Fossella

  Mr. FOSSELLA. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Fossella:
       Page 18, line 22, after the dollar amount insert ``(reduced 
     by $20,000,000)''.
       Page 28, line 23, after the dollar amount insert 
     ``(increased by $20,000,000)''.
       Page 29, line 15, after the dollar amount insert 
     ``(increased by $20,000,000)''.
       Page 29, line 18, after the dollar amount insert 
     ``(increased by $20,000,000)''.

  Mr. FOSSELLA (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New York?
  There was no objection.
  Mr. FOSSELLA. Mr. Chairman, I rise in support of the Fossella-Crowley 
amendment, and I first want to thank Chairman Rogers for the tough task 
he has of putting together a good bill.
  My amendment would increase by $20 million the High Density Urban 
Area Program by transferring that same amount from the TSA 
Transportation Security Support appropriation of $523 million. The 
President's budget funded the High Density Urban Area Grant Program, 
also known as UASI grants, at $838 million. The underlying legislation 
funds it at $750 million, an $88 million shortfall.
  In short, Mr. Chairman, we are here in large part because of what 
happened on September 11. It happened in 2001 and it happened in New 
York City. So it is a grim reminder of what needs to be done in 
protecting our homeland. Just yesterday, a Pakistani man was convicted 
for plotting to plant a bomb at the Herald Square subway station in 
midtown Manhattan.
  It is clear that New York City, like other major cities, still 
remains exhibit A, and this grant program helps cities combat 
terrorism. New York City alone dedicates $200 million and 1,000 police 
officers to combat terrorism, and they are still $263 million short to 
do that for the people of New York City and those who tour.
  Mr. Chairman, I urge the adoption of this amendment.

[[Page 9810]]


  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. FOSSELLA. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I want to congratulate the 
gentleman. This is an excellent amendment. It increases the funding for 
the UASI program for the cities the Department has determined are at 
greatest risk.
  Mr. GARRETT of New Jersey. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I join proudly with my colleagues, Mr. Fossella and Mr. 
Crowley from just across the river, on introducing this very important 
amendment.
  The Secretary of Homeland Security, Michael Chertoff, has stated that 
the administration will continue to champion funding based on risk and 
needs in order to ``ensure that our finite resources are allocated and 
prioritized successfully.''
  UASI recipients are determined through a robust risk formula that 
considers three primary variables: consequences, vulnerability, and 
threats. Factors such as the presence of international borders, 
population and population density, the location of critical 
infrastructures, formal mutual aid cooperation, law enforcement 
investigations, and enforcement activities are also considered in 
correlation with the risk formula developed under this.
  These risk factors are precisely the kind of factors that should be 
the ones that govern more of our homeland security spending. Simply 
put, money needs to go where the threat is. Places like New York City 
and northern New Jersey are those risk areas. Our police departments, 
our fire departments, our emergency management officials, all these men 
and women are doing their best to prevent terrorist attacks and prepare 
for worst-case scenarios. So we here in Congress should do our best to 
see that those in the most risky areas get the tools they need to keep 
America safe.
  Mr. FOSSELLA. Mr. Chairman, will the gentleman yield?
  Mr. GARRETT of New Jersey. I yield to the gentleman from New York.
  Mr. FOSSELLA. I just would like to thank my colleague from New York 
as well, Mr. Crowley, for being supportive; and perhaps the gentleman 
from New Jersey would yield to the gentleman from New York (Mr. 
Crowley).
  Mr. GARRETT of New Jersey. I would be glad to yield.
  Mr. CROWLEY. Mr. Chairman, I thank the gentleman from New York and 
the gentleman from New Jersey for yielding. I also want to thank the 
chairman for allowing this discussion here this evening, as well as the 
ranking member, and for their agreeing to this amendment.
  This $20 million to this much-needed fund will not only support New 
York City and New Jersey but other major metropolises around the 
country, high-threat, high-risk areas. I thank you again for your 
support for this amendment, in particular my cosponsor of the 
amendment, Mr. Fossella.
  Mr. Chairman, first, after talks with the Majority and Minority, I 
understand this amendment will be accepted by the Chair and Ranking 
Member, and I thank you for that.
  I understand the Committee may have some concerns about this 
program--but it has proven itself for our major urban areas.
  Working in a bipartisan manner, Representative Serrano, 
Representative Bill Young, Representative Fossella and myself sat down 
and crafted this program for the FY 2003 Omnibus, recognizing a gaping 
hole in homeland security funds for our major urban areas--those high 
target areas, like New York City, Houston, Washington, DC or Chicago, 
among other major cities.
  The gaping hole was our government's ignoring the unique and most 
pressing needs of our major urban areas, therefore, the birth of the 
High Threat, High Density Urban Area Program.
  This program is the only homeland security program specifically 
targeted towards those municipalities with the greatest threat and 
vulnerability for terror attacks.
  With skewed homeland security formulas distributing a portion of all 
funds equally to all states--ignoring basic security realities--this 
program is a breath of fresh air, providing funds to those areas deemed 
at greatest risk of attack.
  This program has been extremely successful over the years and has 
provided resources to those communities at greatest risk of attack.
  Unfortunately, and not due to the hard work of Chairman Rogers or 
Ranking Member Sabo, this year's Homeland Security bill reduces the 
funding for this important high threat high density program by over $7 
million below last year's enacted amount.
  This amendment increases this urban area account by $20 million--or 
an increase of $12.7 million over last year and $20 million greater 
then in this original bill. We offset this funding from TSA--
Headquarters Administration.
  As Representative Fossella stated our offset is aimed at the $292 
million in the bill allocated for funding their Headquarters 
Administration at TSA--not for the intelligence or intelligence 
technology under the TSA title.
  This offset does not threaten air safety or national security. In 
fact, our amendment will increase the security of Americans. This urban 
area program is the front line program to fund first responders, 
firefighters, EMT's and others who are on the front line defending our 
cities everyday from terrorist threats.
  I was recently in 81. Louis with my colleague Russ Carnahan who 
invited me to the Arch Way, to talk about the pressing needs of first 
responders and how our Federal Government continues to underfund the 
frontline in the war on terror.
  We need to send a message to the firefighters, police officers, EMT's 
and others that we will as a Congress stand behind these everyday 
heroes to ensure that they receive the assistance they need to do their 
job.
  I am pleased that this amendment will be accepted and, I thank the 
Chair and Ranking Member.

                              {time}  2015

  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New York (Mr. Fossella).
  The amendment was agreed to.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the last word.
  We are making good progress on the bill. I would encourage Members 
who have amendments who want to be heard to come to the floor to be 
available to offer their amendments so we can move through this process 
as quickly as possible. I would hope Members would be here to offer 
their amendments.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                          federal air marshals

       For necessary expenses of the Federal Air Marshals, 
     $699,294,000.

                       United States Coast Guard

                           operating expenses

       For necessary expenses for the operation and maintenance of 
     the United States Coast Guard not otherwise provided for; 
     purchase or lease of not to exceed 25 passenger motor 
     vehicles, which shall be for replacement only; payments 
     pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
     note); and recreation and welfare; $5,481,643,000, of which 
     $340,000,000 shall be for defense-related activities; of 
     which $24,255,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)); and of which not to exceed $3,000 shall be for 
     official reception and representation expenses: Provided, 
     That none of the funds made available by this or any other 
     Act shall be available for administrative expenses in 
     connection with shipping commissioners in the United States: 
     Provided further, That none of the funds made available by 
     this Act shall be for expenses incurred for yacht 
     documentation under section 12109 of title 46, United States 
     Code, except to the extent fees are collected from yacht 
     owners and credited to this appropriation.


                environmental compliance and restoration

       For necessary expenses to carry out the environmental 
     compliance and restoration functions of the United States 
     Coast Guard under chapter 19 of title 14, United States Code, 
     $11,880,000, to remain available until expended.

                            reserve training

       For necessary expenses of the Coast Guard Reserve, as 
     authorized by law; operations and maintenance of the reserve 
     program; personnel and training costs; and equipment and 
     services; $122,348,000.

              acquisition, construction, and improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law; 
     $1,139,663,000, of which $19,800,000 shall be derived from 
     the

[[Page 9811]]

     Oil Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $24,750,000 shall be available 
     until September 30, 2011, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $15,000,000 shall be available until September 30, 2011, to 
     increase aviation capability; of which $101,823,000 shall be 
     available until September 30, 2009, for other equipment; of 
     which $24,450,000 shall be available until September 30, 
     2009, for shore facilities and aids to navigation facilities; 
     of which $81,000,000 shall be available for personnel 
     compensation and benefits and related costs; and of which 
     $892,640,000 shall be available until September 30, 2011, for 
     the Integrated Deepwater Systems program: Provided, That the 
     Commandant of the Coast Guard is authorized to dispose of 
     surplus real property, by sale or lease, and the proceeds 
     shall be credited to this appropriation as offsetting 
     collections and shall be available until September 30, 2009: 
     Provided further, That the Secretary of Homeland Security 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives, in conjunction with 
     the President's fiscal year 2008 budget, a review of the 
     Revised Deepwater Implementation Plan that identifies any 
     changes to the plan for the fiscal year; an annual 
     performance comparison of Deepwater assets to pre-Deepwater 
     legacy assets; a status report of legacy assets; a 
     description of the competitive process conducted in all 
     contracts and subcontracts exceeding $5,000,000 within the 
     Deepwater program; and the earned value management system 
     gold card data for each Deepwater asset: Provided further, 
     That the Secretary shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a comprehensive review of the Revised Deepwater 
     Implementation Plan every five years, beginning in fiscal 
     year 2011, that includes a complete projection of the 
     acquisition costs and schedule for the duration of the plan 
     through fiscal year 2027: Provided further, That the 
     Secretary shall annually submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, a future-years capital investment plan for the Coast 
     Guard that identifies for each capital budget line item--
       (1) the proposed appropriation included in that budget;
       (2) the total estimated cost of completion;
       (3) projected funding levels for each fiscal year for the 
     next five fiscal years or until project completion, whichever 
     is earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) changes, if any, in the total estimated cost of 
     completion or estimated completion date from previous future-
     years capital investment plans submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives:

     Provided further, That the Secretary shall ensure that 
     amounts specified in the future-years capital investment plan 
     are consistent to the maximum extent practicable with 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the Coast Guard in the 
     President's budget as submitted under section 1105(a) of 
     title 31, United States Code, for that fiscal year: Provided 
     further, That any inconsistencies between the capital 
     investment plan and proposed appropriations shall be 
     identified and justified: Provided further, That no funding 
     may be obligated for the Rescue 21 vessel subsystem until a 
     vessel solution has been provided to the Committee on 
     Appropriations of the House of Representatives.


                         alteration of bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, as authorized by section 6 of the 
     Truman-Hobbs Act (33 U.S.C. 516), $17,000,000, to remain 
     available until expended.


              Research, Development, Test, and Evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized by law; $13,860,000, to remain 
     available until expended, of which $495,000 shall be derived 
     from the Oil Spill Liability Trust Fund to carry out the 
     purposes of section 1012(a)(5) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 
     credited to and used for the purposes of this appropriation 
     funds received from State and local governments, other public 
     authorities, private sources, and foreign countries for 
     expenses incurred for research, development, testing, and 
     evaluation.


                              retired pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent receipts and combat-related 
     special compensation under the National Defense Authorization 
     Act, and payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,063,323,000.

                      United States Secret Service


                protection, administration, and training

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 755 vehicles for police-
     type use, of which 624 shall be for replacement only, and 
     hire of passenger motor vehicles; purchase of American-made 
     motorcycles; hire of aircraft; services of expert witnesses 
     at such rates as may be determined by the Director of the 
     Secret Service; rental of buildings in the District of 
     Columbia, and fencing, lighting, guard booths, and other 
     facilities on private or other property not in Government 
     ownership or control, as may be necessary to perform 
     protective functions; payment of per diem or subsistence 
     allowances to employees where a protective assignment during 
     the actual day or days of the visit of a protectee requires 
     an employee to work 16 hours per day or to remain overnight 
     at a post of duty; conduct of and participation in firearms 
     matches; presentation of awards; travel of United States 
     Secret Service employees on protective missions without 
     regard to the limitations on such expenditures in this or any 
     other Act if approval is obtained in advance from the 
     Committees on Appropriations of the Senate and the House of 
     Representatives; research and development; grants to conduct 
     behavioral research in support of protective research and 
     operations; and payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; $954,399,000, of which not to exceed $25,000 shall 
     be for official reception and representation expenses: 
     Provided, That up to $18,000,000 provided for protective 
     travel shall remain available until September 30, 2008: 
     Provided further, That of the total amount provided under 
     this heading, $2,000,000 shall not be available for 
     obligation until the Director of the Secret Service submits a 
     comprehensive workload re-balancing report to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives that includes funding and position 
     requirements for current investigative and protective 
     operations: Provided further, That the United States Secret 
     Service is authorized to obligate funds in anticipation of 
     reimbursements from Executive agencies and entities, as 
     defined in section 105 of title 5, United States Code, 
     receiving training sponsored by the James J. Rowley Training 
     Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available under this heading at the end of the fiscal year.


                  investigations and field operations

       For necessary expenses for investigations and field 
     operations of the United States Secret Service, not otherwise 
     provided for, including costs related to office space and 
     services of expert witnesses at such rates as may be 
     determined by the Director of the Secret Service, 
     $312,499,000, of which not to exceed $100,000 shall be to 
     provide technical assistance and equipment to foreign law 
     enforcement organizations in counterfeit investigations; of 
     which $2,366,000 shall be for forensic and related support of 
     investigations of missing and exploited children; and of 
     which $5,445,000 shall be a grant for activities related to 
     the investigations of missing and exploited children and 
     shall remain available until expended.


                           Special Event Fund

       For necessary expenses of the United States Secret Service 
     to perform protective functions related to special events, 
     $20,900,000, to remain available until expended, of which 
     $18,400,000 shall be for protection activities related to 
     presidential campaigns in the United States, and of which 
     $2,500,000 shall be for extraordinary costs of National 
     Special Security Events.


     acquisition, construction, improvements, and related expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $3,725,000, to remain available until expended: Provided 
     further, That of the total amount provided under this 
     heading, $1,000,000 shall not be available for obligation 
     until the Director of the Secret Service submits a revised 
     master plan to the Committees on Appropriations of the Senate 
     and the House of Representatives for the James J. Rowley 
     Training Center.

                  TITLE III--PREPAREDNESS AND RECOVERY

                              Preparedness

                    Under Secretary for Preparedness

       For salaries and expenses of the Office of the Under 
     Secretary for Preparedness, the Office of the Chief Medical 
     Officer, and the Office of National Capital Region 
     Coordination, $39,468,000, of which $15,000,000 shall be for 
     the National Preparedness Integration Program: Provided, That 
     not to exceed $7,000 shall be for official reception and 
     representation expenses: Provided further, That of the 
     amounts appropriated under this heading, $4,400,000 shall not 
     be available for obligation until the Secretary of Homeland 
     Security submits to the Committees on Appropriations of the 
     Senate and the House of Representatives the final National 
     Preparedness Goal.

[[Page 9812]]




                    Amendment Offered by Mr. Jindal

  Mr. JINDAL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Jindal:
       Page 28, line 9, after the first dollar amount, insert the 
     following: ``(increased by $9,000,000) (reduced by 
     $9,000,000)''.

  Mr. JINDAL. Mr. Chairman, I have an amendment to enhance the real-
time capabilities assessments. The events of Hurricanes Katrina and 
Rita highlighted serious flaws and deficiencies in our national 
response plan, the National Incident Management System, and State and 
local regional responses that were caused by a lack of valid, real-time 
data related to resident capabilities.
  For example, one Texas community had an overflow of special needs 
residents that were using dance studios, abandoned shopping centers 
even though it was determined later there were over 10,000 special 
needs beds available within 100 miles.
  The city of New Orleans had an emergency excavation plan, but it 
couldn't be executed as written because assumed capabilities not 
functional and prior coordination of assets were not implemented. 
Response plans called for the utilization of National Guard troops even 
though at the time of Hurricane Katrina one of the designated units was 
deployed to Iraq.
  Hundreds of thousands of hours were spent on phone calls and e-mails 
to obtain real-time capability information, finding suitable 
replacements or options, or to redirecting assets from locations with 
excess capabilities to those with critical needs.
  The underlying bill takes important steps to build upon the existing 
Department of Homeland Security requirements to build a national 
assessment and reporting system by September 30, 2006.
  The intent of my amendment is to further direct the Department to 
develop a system that verifies and validates in real-time what 
qualified assets are available in order to meet emergent or anticipated 
events, even when the information supplied is coming from disparate or 
incompatible databases.
  These technologies are already being used by the Department of 
Defense and should be applied toward DHS preparedness goals.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. JINDAL. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. The gentleman has offered an excellent 
amendment, and we accept it.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Jindal).
  The amendment was agreed to.
  Mr. TIAHRT. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I intended to offer and withdraw an amendment tonight 
in order to make the point that over the last generation, Congress has 
created barriers to keeping and creating jobs in America.
  One of those barriers is excessive regulations, and I was trying to 
make the point that whenever this government makes regulations, they 
should take into consideration that the competitiveness of America is 
very important, not only for today and today's economy, but for the 
next economy.
  Many countries are preparing for the future economy, and this country 
seems to be trying to erect new barriers to making us more competitive.
  In deference to the Members' time tonight, I know the hour is getting 
late and we have much work to accomplish, I will not be offering the 
amendment. But I do want to leave the House with this point, that we 
must look forward to the next economy and remove barriers that have 
been created so we can bring jobs back to America and create more jobs.
  Mr. JINDAL. Mr. Chairman, I have an amendment at the desk.
  The CHAIRMAN. At what point in the bill is your amendment?
  Mr. JINDAL. It is in title III, page 34.
  The CHAIRMAN. The reading has not progressed to that point yet.
  Without objection, we will proceed to that point in the bill.
  There was no objection.
  The text of the bill through page 35, line 13 is as follows:

                     Office of Grants and Training

                        state and local programs

       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $2,524,000,000, which shall be 
     allocated as follows:
       (1) $545,000,000 for formula-based grants and $400,000,000 
     for law enforcement terrorism prevention grants pursuant to 
     section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): 
     Provided, That the application for grants shall be made 
     available to States within 45 days from the date of enactment 
     of this Act; States shall submit applications within 90 days 
     after the grant announcement; and the Office of Grants and 
     Training shall act within 90 days after receipt of an 
     application: Provided further, That no less than 80 percent 
     of any grant under this paragraph to a State shall be made 
     available by the State to local governments within 60 days 
     after the receipt of the funds.
       (2) $1,165,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $750,000,000 shall be for use in high-threat, high-
     density urban areas;
       (B) $200,000,000 shall be for port security grants pursuant 
     to the purposes of section 70107(a) through (h) of title 46, 
     United States Code, which shall be awarded based on risk and 
     threat notwithstanding subsection (a), for eligible costs as 
     described in subsections (b)(2) through (4);
       (C) $5,000,000 shall be for trucking industry security 
     grants;
       (D) $10,000,000 shall be for intercity bus security grants;
       (E) $150,000,000 shall be for intercity rail passenger 
     transportation (as defined in section 24102 of title 49, 
     United States Code), freight rail, and transit security 
     grants; and
       (F) $50,000,000 shall be for buffer zone protection grants:

     Provided, That for grants under subparagraph (A), the 
     application for grants shall be made available to States 
     within 45 days after the date of enactment of this Act; 
     States shall submit applications within 90 days after the 
     grant announcement; and the Office of Grants and Training 
     shall act within 90 days after receipt of an application: 
     Provided further,  That no less than 80 percent of any grant 
     under this paragraph to a State shall be made available by 
     the State to local governments within 60 days after the 
     receipt of the funds.
       (3) $75,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program.
       (4) $339,000,000 for training, exercises, technical 
     assistance, and other programs:

     Provided, That none of the grants provided under this heading 
     shall be used for the construction or renovation of 
     facilities, except for a minor perimeter security project, 
     not to exceed $1,000,000, as determined necessary by the 
     Secretary of Homeland Security: Provided further, That the 
     preceding proviso shall not apply to grants under 
     subparagraphs (B), (E), and (F) of paragraph (2) of this 
     heading: Provided further, That grantees shall provide 
     additional reports on their use of funds, as determined 
     necessary by the Secretary of Homeland Security: Provided 
     further, That funds appropriated for law enforcement 
     terrorism prevention grants under paragraph (1) of this 
     heading and discretionary grants under paragraph (2)(A) of 
     this heading shall be available for operational costs, to 
     include personnel overtime and overtime associated with the 
     Office of Grants and Training certified training, as needed.


                     firefighter assistance grants

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $540,000,000, of which $500,000,000 shall be 
     available to carry out section 33 of such Act (15 U.S.C. 
     2229) and $40,000,000 shall be available to carry out section 
     34 of such Act (15 U.S.C. 2229a), to remain available until 
     September 30, 2008: Provided, That not to exceed 5 percent of 
     this amount shall be available for program administration.

                emergency management performance grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $186,000,000: Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     appropriation.

              Radiological Emergency Preparedness Program

       The aggregate charges assessed during fiscal year 2007, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall 
     not be less than 100 percent of the amounts anticipated by 
     the

[[Page 9813]]

     Department of Homeland Security to be necessary for its 
     radiological emergency preparedness program for such fiscal 
     year: Provided, That the methodology for assessment and 
     collection of fees shall be fair and equitable and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees: Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2007, 
     and remain available until expended.

             United States Fire Administration and Training

       For necessary expenses of the United States Fire 
     Administration and for other purposes, as authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.) and the Homeland security Act of 2002 (6 U.S.C. 
     101 et seq.), $46,849,000.

           Infrastructure Protection and Information Security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.), $549,140,000, of which $464,490,000 shall 
     remain available until September 30, 2008: Provided, That of 
     the amount made available under this heading, $10,000,000 
     shall not be available for obligation for management and 
     administration until the Department of Homeland Security has 
     released the National Infrastructure Protection Plan: 
     Provided further, That of the amount made available under 
     this heading, $10,000,000 shall not be available for 
     obligation for management and administration until the 
     Department has submitted its national security strategy for 
     the chemical sector report.

                  Federal Emergency Management Agency

                 administrative and regional operations

       For necessary expenses for administrative and regional 
     operations, $254,499,000, including activities authorized by 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.), the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
     sections 107 and 303 of the National Security Act of 1947 (50 
     U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.): Provided, That not to exceed $3,000 shall be for 
     official reception and representation expenses.


             readiness, mitigation, response, and recovery

       For necessary expenses for readiness, mitigation, response, 
     and recovery activities, $238,199,000, including activities 
     authorized by the National Flood Insurance Act of 1968 (42 
     U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
     Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 
     seq.), the Defense Production Act of 1950 (50 U.S.C. App. 
     2061 et seq.), sections 107 and 303 of the National Security 
     Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 
     of 1978 (5 U.S.C. App.), and the Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.): Provided, That of the total 
     amount made available under this heading, $20,000,000 shall 
     be for Urban Search and Rescue Teams, of which not to exceed 
     $1,600,000 may be made available for administrative costs: 
     Provided further, That of the amounts appropriated under this 
     heading, $20,000,000 shall not be available for obligation 
     until the Secretary of Homeland Security submits to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a catastrophic planning expenditure plan.


                    Amendment Offered by Mr. Jindal

  Mr. JINDAL. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Jindal:
       Page 34, line 20, after the dollar amount insert 
     ``(increased by $1,000,000) (reduced by $1,000,000)''.

  Mr. JINDAL. Mr. Chairman, I have an amendment to reduce FEMA waste, 
fraud, and abuse.
  In the wake of Hurricanes Katrina and Rita, FEMA provided $2,000 in 
individual and household program payments to affected households. 
Individuals could apply for disaster assistance using the Internet or 
telephone.
  As of mid-December, such payments totaled $5.4 billion with almost 
half of that, $2.3 billion, in the form of expedited assistance.
  According to Social Security Administration data, FEMA made millions 
of dollars in payments to thousands of registrants who submitted false 
Social Security numbers. According to a GAO study, 165 of 248 sampled 
registrations contained false Social Security numbers, and 80 of 200 
alleged disaster addresses were false.
  This amendment says that FEMA should implement a fully tested process 
that can provide real-time access to data required to validate 
identities and addresses for those seeking disaster assistance.
  While FEMA has taken certain steps to curtail waste, fraud and abuse 
within its program, more needs to be done.
  The intent of my amendment is to direct FEMA to implement an identity 
verification system that assures disaster assistance payments are made 
only to qualified individuals. In a statement I will submit for the 
Record, I have some specific criteria that will be used.
  The intent of my amendment is to allocate $1 million to FEMA to 
implement an identity verification system that assures disaster 
assistance payments are made only to qualified individuals.
  Specifically by (1) establishing detailed criteria for registration 
and provide clear instructions to registrants on the identification 
information required, (2) creating a field within registration that 
asks registrants to provide their name exactly as it appears on their 
Social Security Card in order to prevent name and social security 
mismatches, (3) fully field testing the identity verification process 
prior to implementation, (4) ensuring that call center employees give 
real-time feedback to registrants on whether their identities have been 
validated, and (5) establishing a process that uses alternative means 
of identity verification to expeditiously handle legitimate applicants 
that are rejected by identity verification controls.
  I want to thank the chairman and ranking member for their work on 
this bill and their consideration of my amendment.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. JINDAL. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. The gentleman has offered another excellent 
amendment, and we are happy to accept it.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Jindal).
  The amendment was agreed to.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move that the Committee do 
now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Jindal) having assumed the chair, Mr. Gillmor, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 5441) 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes, had come 
to no resolution thereon.

                          ____________________