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                                                                                                                                                                 110 th CONGRESS, FIRST SESSION
                                               United States
                                                of America                                PROCEEDINGS AND DEBATES OF THE


                                            Vol. 153                                                     WASHINGTON, THURSDAY, JUNE 14, 2007                                                       No. 96—Part II


                                                                                     House of Representatives
                                            DEPARTMENT OF HOMELAND SE-                                               our cameras and UAVs much more ef-                       The Acting CHAIRMAN (Mr. ROSS).
                                              CURITY APPROPRIATIONS ACT,                                             fective because of the loss of that                    The question is on the amendment of-
                                              2008—Continued                                                         cover. But it would also have a con-                   fered by the gentleman from Texas
                                              The Acting CHAIRMAN. Pursuant to                                       servation issue in that these weeds,                   (Mr. CONAWAY).
                                            the order of the House of today, the                                     such as the salt cedar, will use up to                   The amendment was agreed to.
                                            gentleman from Texas (Mr. CONAWAY)                                       200 gallons of water a day. If these                     The Acting CHAIRMAN. The Clerk
                                            and a Member opposed each will con-                                      weeds were eliminated along the Rio                    will read.
                                            trol 5 minutes.                                                          Grande, that would put additional                        The Clerk read as follows:
                                              The Chair recognizes the gentleman                                     water in the Rio Grande, which would                     AIR AND MARINE INTERDICTION, OPERATIONS,
                                            from Texas.                                                              of course make that much better of a                          MAINTENANCE, AND PROCUREMENT
                                              Mr. CONAWAY. Mr. Chairman, I ap-                                       barrier to folks trying to sneak into                    For necessary expenses for the operations,
                                            preciate being able to offer this amend-                                 this country.                                          maintenance, and procurement of marine
                                            ment tonight. What I would like to do                                      The safety of our Border Patrol                      vessels, aircraft, unmanned aircraft systems,
                                            is establish the legislative history for a                               would be improved as they walk up and                  and other related equipment of the air and
                                                                                                                     approach the river. If this cover was                  marine program, including operational
                                            pilot project that would help eradicate                                                                                         training and mission-related travel, and
                                                                                                                     eliminated, they would be able to see
                                            a tactical cover along the Rio Grande.                                                                                          rental payments for facilities occupied by
                                              My amendment simply adds $5 mil-                                       what was going on along our border to
                                                                                                                                                                            the air or marine interdiction and demand
                                            lion to title II and subtracts $5 million                                better do their job.
                                                                                                                                                                            reduction programs, the operations of which
                                                                                                                       This amendment would also ask or
                                            from title II, but would take $5 million                                                                                        include the following: the interdiction of
                                                                                                                     require that the Border Patrol report                  narcotics and other goods; the provision of
                                            from the environmental regulatory as-
                                                                                                                     on how they spent the money and                        support to Federal, State, and local agencies
                                            sessments funding, which would lower                                     whether or not this is a program that                  in the enforcement or administration of laws
                                            that back to what the President re-                                      they would want to pursue going for-                   enforced by the Department of Homeland Se-
                                            quested.                                                                 ward.                                                  curity; and at the discretion of the Secretary
                                                              b 2300                                                   Mr. ROGERS of Kentucky. Mr. Chair-                   of Homeland Security, the provision of as-
                                                                                                                     man, will the gentleman yield?                         sistance to Federal, State, and local agencies
                                              The Border Patrol would use this                                                                                              in other law enforcement and emergency hu-
                                                                                                                       Mr. CONAWAY. I yield to the gen-
                                            money to create a pilot project to                                                                                              manitarian efforts, $477,287,000, to remain
                                                                                                                     tleman from Kentucky.
                                            eliminate, eradicate, noxious, invasive                                                                                         available until expended: Provided, That no
                                                                                                                       Mr. ROGERS of Kentucky. Mr. Chair-
                                            species of weeds along the Rio Grande.                                                                                          aircraft or other related equipment, except
                                                                                                                     man, I think the gentleman has offered
                                            The Rio Grande creates the border be-                                                                                           aircraft that are one-of-a-kind and have been
                                                                                                                     a very thoughtful amendment. I think                   identified as excess to United States Cus-
                                            tween the Republic of Texas, United
                                                                                                                     it is worthwhile, and I would like to                  toms and Border Protection requirements
                                            States, and Mexico; and many long
                                                                                                                     add my name to it and support it.                      and aircraft that have been damaged beyond
                                            stretches are inundated with a noxious                                     Mr. CONAWAY. Thank you, sir.                         repair, shall be transferred to any other Fed-
                                            weed such as Russian olive and salt                                        Mr. Chairman, I reserve the balance                  eral agency, department, or office outside of
                                            cedar. These weeds can grow from 10 to                                   of my time.                                            the Department of Homeland Security dur-
                                            15 feet in height. They provide excel-                                     Mr. PRICE of North Carolina. Mr.                     ing fiscal year 2008 without the prior ap-
                                            lent tactical cover for anyone trying to                                 Chairman, I move to strike the last                    proval of the Committees on Appropriations
                                            sneak across the border, or in what is                                   word.                                                  of the Senate and the House of Representa-
                                            on this side of the United States, stage                                   Mr. Chairman, I want to thank the                    tives: Provided further, That none of the
                                            in ways that our Border Patrol agents                                                                                           funds under this heading may be obligated
                                                                                                                     gentleman for a very useful amend-
                                                                                                                                                                            for procurement of additional unmanned aer-
                                            can’t see them.                                                          ment. The amendment would shift                        ial systems until the Commissioner of
                                              I have spoken with leadership of the                                   some funding around in ways that I                     United States Customs and Border Protec-
                                            Border Patrol, along with former sec-                                    think are well justified. It would apply               tion certifies to the Committees on Appro-
                                            tor chief Simon Garza for the Marfa                                      $5 million to study the eradication of                 priations of the Senate and House of Rep-
                                            sector in relation to this project, and it                               invasive cover species such as Cariso                  resentatives that they are of higher priority
                                            is an idea that they would support if                                    cane, Russian olive trees, salt cedar. It              and more cost effective than other items in-
                                            they were able to get funding for that.                                  is a well-crafted amendment and I am                   cluded in the Air and Marine Strategic Re-
                                              This is a win on two different levels.                                                                                        capitalization and Modernization plan.
                                                                                                                     happy to support it.
                                            One, it would eliminate this tactical                                      Mr. CONAWAY. I accept that.                            AMENDMENT NO. 106 OFFERED BY MR. SOUDER
                                            cover that the folks trying to sneak                                       Mr. Chairman, I yield back the bal-                    Mr. SOUDER. Mr. Chairman, I offer
                                            across could use, and it would make                                      ance of my time.                                       an amendment.

                                                               b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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                                                 Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

                                                                                                                                                                                                        H6443


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                                            H6444                                              CONGRESSIONAL RECORD — HOUSE                                                        June 14, 2007
                                              The Acting CHAIRMAN. The Clerk                        because of their usage, and it hasn’t                  cotics terrorism is ripping up this
                                            will designate the amendment.                           been made a priority because the main-                 country. We have 20,000 to 30,000 deaths
                                              The text of the amendment is as fol-                  tenance is going to the helicopters                    a year. And if we have loads of cocaine
                                            lows:                                                   along the border, all 16, and let me re-               coming in, loads of heroin coming into
                                              Amendment No. 106 offered by Mr. SOUDER:              peat, all 16 air assets that are supposed              our society, because we have got all
                                              Page 16, line 20, strike ‘‘Provided, That no          to be used in counternarcotics are now                 our planes lined up on the border and
                                            aircraft’’ and insert ‘‘Provided further, That          down for serious maintenance, leaving                  our P–3s down, it will not function.
                                            no aircraft’’.                                          the counterdrug mission severely im-                   And with your assurance that you will
                                              Page 16, line 20, insert after the colon the                                                                 continue to work with this, watch this,
                                                                                                    pacted. And if we can’t work out to
                                            following: ‘‘Provided, That of the amount                                                                      and we continue to talk about it be-
                                            made      available   under    this    heading,         some degree over in the Florida and
                                                                                                    the Gulf of Mexico range, they fixed                   tween the authorizing and the appro-
                                            $100,000,000 may not be obligated until Con-
                                            gress receives a report detailing the number            this short term by having legacy Air                   priators, I will be happy to withdraw
                                            of requests United States Customs and Bor-              and Marine or Customs pilots be the re-                my amendment tonight.
                                            der Protection receives for use of air and ma-          gional Border Patrol people and man-                     Mr. PRICE of North Carolina. Will
                                            rine assets by United States Immigration                aging their assets. But along the bor-                 the gentleman yield?
                                            and Customs Enforcement and other Federal,                                                                       Mr. SOUDER. I will yield.
                                                                                                    der, we don’t have that luxury.                          Mr. PRICE of North Carolina. It is
                                            State, and local agencies and the number of                We have been trying in the author-
                                            such requests that are denied:’’.                                                                              my expectation that CBP Air and Ma-
                                                                                                    izing committee for some time to get a
                                              Mr. ROGERS of Kentucky. Mr. Chair-                                                                           rine with enormous aviation and mari-
                                                                                                    report from the agency, and I have                     time operations, they should have as
                                            man, I reserve a point of order on the                  spent hours with the relevant people in
                                            gentleman’s amendment.                                                                                         one of their priority missions sup-
                                                                                                    my office, as well as questioning at                   porting the investigative or other DHS
                                              The Acting CHAIRMAN. Pursuant to                      hearings, trying to get the data of how
                                            the order of the House of today, the                                                                           agencies, in particular ICE. That was
                                                                                                    exactly they are using these assets.                   done by the legacy Air and Marine arm
                                            gentleman from Indiana (Mr. SOUDER)                     What are they denying? ICE can’t get
                                            and a Member opposed each will con-                                                                            of the old Customs Service, and it
                                                                                                    the assets to do the big-risk things.                  should not decline.
                                            trol 5 minutes.                                         This has been one of the historic con-
                                              The Chair recognizes the gentleman                                                                             So I appreciate the gentleman’s rais-
                                                                                                    flicts between these agencies.                         ing the matter. I am happy to work
                                            from Indiana.                                              I support a picket fence. We need to                with him to further the issue he has
                                              Mr. SOUDER. Mr. Chairman, I yield                     have a border fence. But you also have                 raised.
                                            myself 31⁄2 minutes.                                    to have the ability to go behind and                     Mr. SOUDER. Thank you.
                                              Ever since we created the Depart-                     forward and track and take down sys-                     Mr. Chairman, I ask unanimous con-
                                            ment of Homeland Security, we have                      tems. And Air and Marine is a critical                 sent to withdraw my amendment.
                                            had a problem of what to do with our                    part of this, and we need this report.                   The Acting CHAIRMAN. Is there ob-
                                            air assets.                                             And I hope that if we can’t work this                  jection to the request of the gentleman
                                              This amendment would hold $100 mil-                   out tonight, that it can be worked out                 from Indiana?
                                            lion from the Customs and Border Pro-                   in conference committee, because this                    There was no objection.
                                            tection, CBP, Air and Marine interdic-                  must be resolved.                                       AMENDMENT NO. 98 OFFERED BY MR. MCCAUL OF
                                            tion, operations, maintenance, and pro-                    May I inquire of the chairman of the                                   TEXAS
                                            curement account until a report is re-                  subcommittee for a brief, informal col-                  Mr. MCCAUL of Texas. Mr. Chair-
                                            ceived detailing the number of requests                 loquy here, would you be willing to                    man, I offer an amendment.
                                            CBP receives from the use of assets and                 continue to work with me on this sub-                    The Acting CHAIRMAN. The Clerk
                                            the number of those requests that are                   ject and with the Department of Home-                  will designate the amendment.
                                            denied.                                                 land Security, because it is very crit-                  The text of the amendment is as fol-
                                              One of the problems we had when we,                   ical to how we are going to do counter-                lows:
                                            in effect, set up ICE and CBP was to to                 narcotics and high-risk terrorism and                    Amendment No. 98 offered by Mr. MCCAUL
                                            do with the division called Air and Ma-                                                                        of Texas:
                                                                                                    how CBP is going to work with ICE in                     Page 17, strike the proviso beginning on
                                            rine. Air and Marine Division did not                   resolving the Air and Marine issue?                    line 2.
                                            stay parked right along the border. The                    Mr. PRICE of North Carolina. Mr.
                                            Air and Marine Division has assets                                                                               The Acting CHAIRMAN. Pursuant to
                                                                                                    Chairman, will the gentleman yield?                    the order of the House of today, the
                                            down in Colombia. They have assets in                      Mr. SOUDER. I yield to the gen-
                                            the Caribbean, assets in the Eastern                                                                           gentleman from Texas (Mr. MCCAUL)
                                                                                                    tleman.                                                and a Member opposed each will con-
                                            Pacific, assets at various points, be-                     Mr. PRICE of North Carolina. Mr.
                                            cause the whole point of the Air and                                                                           trol 5 minutes.
                                                                                                    Chairman, I thank the gentleman for                      The Chair recognizes the gentleman
                                            Marine Division was both with boats                     raising this issue. And I am, of course,               from Texas.
                                            and air to be able to follow in par-                    willing to work with him on this.                        Mr. MCCAUL of Texas. Mr. Chair-
                                            ticular drug traffickers, other traf-                      I do not believe the withholding of                 man, H.R. 2638, as currently written,
                                            fickers of contraband in high value or                  the $100 million is necessary or desir-                prohibits the use of funds for addi-
                                            mass targets in the sense of illegal im-                able in this case. But I believe we need               tional unmanned aerial vehicles, or
                                            migration or of terrorism.                              to get the confirmation that you are                   UAVs, until the Customs and Border
                                              But when we put the air assets under-                 talking about from CBP, and I am not                   Patrol informs the House and Senate
                                            neath CBP and they put them under                       eager to delay the release of needed                   Appropriations Committees that their
                                            Border Patrol, the nature of what we                    funds, but I certainly am willing to                   use is cost-effective. I submit today
                                            were doing with our Air and Marine as-                  work with the gentleman to make cer-                   that they are worth every penny. My
                                            sets have fundamentally changed.                        tain that we get the information we                    amendment would strike that provi-
                                              As the now ranking member of the                      need and the confirmation that we                      sion which would otherwise be pro-
                                            Border Subcommittee and a member of                     need that the agency is on track.                      tected by the rule.
                                            the Homeland Security Committee                            Mr. SOUDER. Reclaiming my time,                       These eyes of the sky bring excep-
                                            since its creation, I have spent a lot of               Mr. Chairman, I thank the chairman,                    tional operational capabilities to the
                                            time on this issue, as well as being                    and with that assurance, I am not real-                table. They can stay airborne for 30 to
                                            head of Speaker HASTERT’s drug task                     ly anxious to hold up any money in                     40 hours and can carry state-of-the-art
                                            force. I have spent my entire career                    this bill either. But I would like them                technology through day and night cam-
                                            working on narcotics issues. This has                   to be accountable to Congress because                  eras, radar tracking systems, and other
                                            been a huge issue. In particular, one of                they have not resolved how they are
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                                                                                                                                                           surveillance tools.
                                            our problems right now is that many, if                 going to move and deal with Air and                      UAVs working the borders have
                                            not all, of the critical assets are now                 Marine assets related to ICE and inves-                flown over 2,000 hours and aided in the
                                            more or less chained to the border;                     tigations. They sometimes have even                    arrests of nearly 3,900 illegal immi-
                                            that one of the P–3s, which are critical                sent helicopters where we needed a P–                  grants and the seizure of over 13,000
                                            for long-range surveillance, right now,                 3. This just isn’t functioning, and nar-               pounds of marijuana.



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                               H6445
                                              UAVs are not in sufficient quantities                 der Patrol on horseback, you have Bor-                 pared to an unmanned vehicle that has
                                            to provide economies of scale and, as                   der Patrol with SUVs, with four-wheel-                 proven its technology over time and
                                            such, will always be more expensive to                  drive vehicles. You have all kinds of re-              time again, that is able to stay on sta-
                                            operate than a pilot in a small aircraft.               sponse mechanisms and all kinds of de-                 tion, and this is one key along the bor-
                                            But, Mr. Chairman, cost is not the only                 tection mechanisms.                                    der that most people won’t talk about,
                                            consideration.                                            But to suggest that we shouldn’t                     they are able to stay on station so that
                                              On March 20, 2007, a UAV detected                     even ask the question of whether an $8                 the smugglers don’t know when they’re
                                            and tracked six illegal aliens trying to                million expense is more cost-effective                 coming off station to switch crews to
                                            cross the southern border. When border                  than another kind of assets, I think, is               go down. A crew actually switches in
                                            officials arrived on the scene, they                    just ridiculous.                                       the trailer on site. One guy says,
                                            seized 395 pounds of marijuana and ar-                    And, frankly, that is one thing the                  you’ve got it now, Joe, I have it now,
                                            rested all six. Among the six was a fu-                 committee found out, that there isn’t                  and the smugglers never know when
                                            gitive wanted in Kings County, Wash-                    all the money you always want to                       you’re going through. And to do the
                                            ington, on charges of third-degree rape                 spend on everything here. There have                   same kind of test to your manned vehi-
                                            of a child.                                             got to be some priorities. And if you                  cles and other aerial observations that
                                              We should be providing our border                     have made the priority that of the Cus-                you are proposing for this technology,
                                            authorities with more technology and                    toms and Border Patrol, this is not                    this technology is the greatest success
                                            tools. We talked a lot about the fence                  what they would spend it on.                           in the world.
                                            but this is the technology piece. More                                                                           Mr. FARR. Will the gentleman yield?
                                                                                                                       b 2315
                                            technology and tools, not less. Had a                                                                            Mr. BILBRAY. I will yield.
                                            UAV not detected the entry of those il-                   So I think the amendment and the                       Mr. FARR. First of all, the Predator
                                            legal immigrants, how many more chil-                   language in the bill is particularly ap-               has to be monitored. There is man-
                                            dren may have been victimized by sex-                   propriate. It doesn’t prohibit the ex-                 power on the Predator. And as I recall,
                                            ual predators?                                          penditures. It just says before you                    there are three people that it takes to
                                              I think this is an important piece to                 come back and spend up to another $8                   fly it.
                                            our overall security of the border, and                 billion, compare this to what other as-                  But that’s not the issue of this, be-
                                            I urge my colleagues to vote in favor of                sets you can buy, and you make the                     cause you would have money to buy
                                            my amendment.                                           suggestion to us as to what is the best                Predators. All it says is that the same
                                              Mr. Chairman, I reserve the balance                   expenditure of limited public funds.                   people that operate them, Customs and
                                            of my time.                                               Mr. MCCAUL of Texas. Mr. Chair-                      Border Patrol, that this isn’t a high
                                              Mr. FARR. Mr. Chairman, I rise in                     man, how much time do I have remain-                   priority for them. That is all it says.
                                            opposition to the amendment.                            ing?                                                     The Acting CHAIRMAN. The gentle-
                                              The Acting CHAIRMAN. The gen-                           The Acting CHAIRMAN. The gen-                        man’s time has expired.
                                            tleman from California is recognized                    tleman from Texas has 21⁄2 minutes re-                   Mr. PRICE of North Carolina. Mr.
                                            for 5 minutes.                                          maining.                                               Chairman, I move to strike the last
                                              Mr. FARR. Mr. Chairman, this is an                      Mr. MCCAUL of Texas. Mr. Chair-                      word.
                                            issue that came up when our com-                        man, let me simply just say we obvi-                     The Acting CHAIRMAN. The gen-
                                            mittee traveled to the border and had                   ously do not have enough manpower                      tleman is recognized for 5 minutes.
                                            discussions with the Border Patrol.                     down at the border. These ‘‘eyes in the                  Mr. PRICE of North Carolina. I am
                                            And what you are talking about here is                  skies,’’ as we call them, provide the                  happy to yield such time as he needs to
                                            striking language that gives some abil-                 surveillance technology that is just ab-               Mr. FARR to complete his argument.
                                            ity for comparing the expenditure of                    solutely critical to surveilling the bor-                Mr. FARR. Mr. Chairman, the lan-
                                            costs on one piece of intelligence                      der to stop this flood of illegal immi-                guage is that the very people that are
                                            equipment versus the other. And what                    gration and potential terrorism.                       operating these vehicles, the Customs
                                            the gentleman didn’t tell you is that of                  Mr. Chairman, with that, I would                     and Border Patrol, certify that these
                                            all the assets on the border, this is the               yield the remainder of my time to the                  are the higher priority and the more
                                            most expensive, $10 million, $8 to $10                  gentleman       from    California   (Mr.              cost effective than other items in-
                                            million per unmanned vehicle. The                       BILBRAY).                                              cluded in the Air and Marine Strategic
                                            other assets that are on the border,                      Mr. BILBRAY. Mr. Chairman, I find                    Recapitalization and Modernization
                                            which everybody agreed was much                         it hard to believe my dear colleague                   plan. It puts the burden on them. If
                                            more effective, is the new radar sys-                   from California can really believe that                this is what they think is the most cost
                                            tem, which costs about $700,000, that                   an unmanned observation platform like                  effective, fine. It doesn’t block it; it
                                            are portable.                                           the Predator is not more cost effective                just says do that analysis.
                                              We have others. We have balloons.                     than having a rotor wing with twin                       I am really just surprised, because I
                                            We have helicopters. We have as many                    crews that have to switch off at least                 sat here all these days and just heard
                                            assets looking at the border as there                   every 6 hours. Where you are able to do                riling after riling, people getting up on
                                            are in Iraq. And what the language in                   an unmanned observation, you can                       the other side talking about money,
                                            the bill says is that before you go out                 switch off crews while they’re on site.                and we need to be very conscientious
                                            and just buy more Predators at 8 mil-                   You don’t have to take the vehicles off                about how we spend money. There is
                                            lion bucks, there is already $50 million                station to be able to do the trans-                    language in there that says, Customs
                                            in the account and we want to know                      formation from one crew to the other.                  and Border Patrol, you certify that
                                            before you spend that whether it is                       And I don’t know what data, where                    this is a high priority for you and it’s
                                            cost-effective compared to other issues                 you’re getting the saying that the un-                 cost effective. What’s wrong with that?
                                            that you have to do.                                    manned vehicle is somehow not as cost                  Why do you want to strike that lan-
                                              You have on the border not only the                   effective    as    having    rotor-winged              guage? It doesn’t make any sense at
                                            Customs and Border Patrol, and I                        manned vehicles on site in very remote                 all.
                                            would submit that the arrests were not                  areas. It just doesn’t pencil out. This is               Mr. BILBRAY. Would the gentleman
                                            made by that unmanned vehicle, and I                    the same kind of argument we heard 5                   yield?
                                            don’t think that was the only system                    years ago in the military saying un-                     Mr. PRICE of North Carolina. I would
                                            they used to discover that. It was just                 manned vehicles would never work in                    be happy to yield.
                                            one. It happened to be a very, very ex-                 some place like Afghanistan, where                       Mr. BILBRAY. You and I have both
                                            pensive one. The radar systems are the                  you and I know the great hero of the                   operated in local and State government
                                            most effective. The most effective. And                 Afghan war was the Predator. So I’ve                   and we’ve worked on this. If you really
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                                            you have responding to that Customs                     just got to say sincerely, you’ve been                 think that you should place that kind
                                            and Border Patrol that are in aircraft,                 in government long enough to under-                    of condition on one technology that is
                                            in different kinds of helicopters, in-                  stand that putting a rotor wing, a                     a proven technology that even the
                                            cluding Black Hawk helicopters, you                     major helicopter up with two individ-                  military originally did not think was
                                            have all-terrain vehicles, you have Bor-                uals to do aerial observations com-                    going to be cost effective and which



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                                            H6446                                              CONGRESSIONAL RECORD — HOUSE                                                          June 14, 2007
                                            now admits that they were wrong to                      he wishes to apply to it, he should pro-                 AMENDMENT NO. 105 OFFERED BY MR. KING OF
                                            underestimate the cost effectiveness                    pose that. We are asking simply for a                                      IOWA
                                            of, the fact is, why apply it to this                   determination that these items are of                    Mr. KING of Iowa. Mr. Chairman, I
                                            technology and not apply that condi-                    higher priority and more cost effective                offer an amendment.
                                            tion to every other application along                   than other items included in the Air                     The Acting CHAIRMAN. The Clerk
                                            here?                                                   and Marine Strategic Recapitalization                  will designate the amendment.
                                              The fact is, this technology has been                 and Modernization plan.                                  The text of the amendment is as fol-
                                            the breakthrough that has shocked the                     We focused on this system because                    lows:
                                            world. And it is absolutely astonishing                 there are particular challenges here.                    Amendment No. 105 offered by Mr. KING of
                                            that we would pick out the hero and                     But as Mr. FARR says, it is just a basic               Iowa:
                                            the technology that opened the eyes to                  principle of good responsible govern-                    Page 17, line 23, after the dollar amount,
                                            the fact that remote technology was a                                                                          insert ‘‘(reduced by $5,000,000) (increased by
                                                                                                    ment.                                                  $5,000,000)’’.
                                            great break through for effectiveness                     The Acting CHAIRMAN. The gentle-
                                            and cost effectiveness. Why would you                   man’s time has expired.                                  The Acting CHAIRMAN. Pursuant to
                                            back off from the fact of doing that and                  The question is on the amendment                     the order of the House of today, the
                                            not apply to every other technology                     offered by the gentleman from Texas                    gentleman from Iowa (Mr. KING) and
                                            going except for this one?                              (Mr. MCCAUL).                                          the gentleman from North Carolina
                                              Mr. PRICE of North Carolina. I’m                                                                             (Mr. PRICE) each will control 5 min-
                                                                                                      The question was taken; and the Act-
                                            happy to yield to Mr. FARR.                                                                                    utes.
                                                                                                    ing Chairman announced that the noes
                                              Mr. FARR. Because as the gentleman                                                                             The Chair recognizes the gentleman
                                                                                                    appeared to have it.
                                            knows, this is an almost $10 million per                                                                       from Iowa.
                                                                                                      Mr. MCCAUL of Texas. Mr. Chair-
                                            cost item. And you know what? The                                                                                Mr. KING of Iowa. Mr. Chairman, my
                                                                                                    man, I demand a recorded vote.
                                            one we had crashed, and the other one                                                                          amendment strikes $5 million and puts
                                                                                                      The Acting CHAIRMAN. Pursuant to
                                            we have is about to be delivered. And                                                                          it back in. It is directed to encourage
                                                                                                    clause 6 of rule XVIII, further pro-
                                            there is $50 million in the account. If                                                                        the promotion of the Basic Pilot Pro-
                                                                                                    ceedings on the amendment offered by
                                            they want to come back and use that                                                                            gram.
                                                                                                    the gentleman from Texas will be post-
                                            $50 million to buy more of them, that’s                                                                          We have had a number of hearings on
                                                                                                    poned.
                                            what we are asking. You tell us what is                                                                        this in the subject matter that has
                                                                                                      If there are no further amendments
                                            the most cost-effective use. Frankly,                                                                          come before the Immigration Sub-
                                                                                                    to this paragraph, the Clerk will read.
                                            and I wish you were there, the new                                                                             committee of which I am the ranking
                                                                                                      The Clerk read as follows:                           member. And the statistics on that
                                            equipment that is coming out, this
                                                                                                                       CONSTRUCTION
                                            technology on radar, for 100 miles can                                                                         look very encouraging to the effective-
                                                                                                      For necessary expenses to plan, construct,           ness of the Basic Pilot Program, the
                                            detect when even rabbits are crossing
                                                                                                    renovate, equip, and maintain buildings and            Employment Verification Program, if
                                            the border. It’s very cost effective. The               facilities necessary for the administration
                                            Border Patrol is very excited about it.                                                                        you will, or I will call it the ‘‘Instant
                                                                                                    and enforcement of the laws relating to cus-
                                            They would like to have more, but they                  toms and immigration, $249,663,000, to re-             Check Program.’’
                                            can’t because they’re spending money                    main available until expended.                           What that program does is it allows
                                            like this.                                                UNITED STATES IMMIGRATION AND CUSTOMS                an employer to take the information
                                              So, with all due respect, these are                                   ENFORCEMENT                            off the I–9 document from an employee
                                            professionals that are on the job every                              SALARIES AND EXPENSES
                                                                                                                                                           applicant and introduces that into an
                                            single day, you want to let them tell                                                                          Internet page, where that Internet goes
                                                                                                      For necessary expenses for enforcement of
                                            you what they think is the most effec-                  immigration and customs laws, detention
                                                                                                                                                           off and checks the database of the So-
                                            tive tool to do their job. That is all                  and removals, and investigations; and pur-             cial Security Administration and the
                                            this language does. I don’t know why                    chase and lease of up to 3,790 (2,350 for re-          Department of Homeland Security and
                                            you would oppose that.                                  placement      only)     police-type   vehicles;       comes back and verifies if you have the
                                              Mr. BILBRAY. Would the gentleman                      $4,146,300,000, of which not to exceed                 documents before you and the informa-
                                            yield?                                                  $10,000,000 shall be available until expended          tion from the documents that ensure
                                              Mr. PRICE of North Carolina. I am                     for conducting special operations under sec-           that that is a legal applicant, at least
                                                                                                    tion 3131 of the Customs Enforcement Act of            the documents from a legal applicant.
                                            happy to yield.                                         1986 (19 U.S.C. 2081); of which not to exceed
                                              Mr. BILBRAY. I appreciate your con-                   $15,000 shall be for official reception and rep-
                                                                                                                                                             What we have seen is that 98.6 per-
                                            cern. But again, I come back to the                     resentation expenses; of which not to exceed           cent of the legal applicants are ap-
                                            fact that you do not place the same                     $1,000,000 shall be for awards of compensation         proved in the first try. And when they
                                            condition on the other technologies.                    to informants, to be accounted for solely              have to go back and clean up their
                                            And if you want to do this, then let’s                  under the certificate of the Secretary of              records a little bit, you get to well over
                                            talk about it through the entire tech-                  Homeland Security; and of which not to ex-             99 percent accuracy within the Basic
                                            nologies, that we are not going to                      ceed $11,216,000 shall be available to fund or         Pilot Program, and yet we don’t have
                                                                                                    reimburse other Federal agencies for the               enough employers that are using it.
                                            apply that. And the fact is, history has
                                                                                                    costs associated with the care, maintenance,
                                            proven, and even though you may not                     and repatriation of smuggled illegal aliens:
                                                                                                                                                             This has been the substance of many
                                            like to admit it, the things like the                   Provided, That none of the funds made avail-           of the proposals for Comprehensive Im-
                                            fence in San Diego that some people                     able under this heading shall be available to          migration Reform on how we are going
                                            thought wouldn’t work and the so-                       compensate any employee for overtime in an             to hold employers accountable and how
                                            called experts said wouldn’t work have                  annual amount in excess of $35,000, except             they are going to verify that the appli-
                                            worked extraordinarily well because                     that the Secretary of Homeland Security, or            cants before them are applying with
                                            we gave it a chance to work before we                   a designee of the Secretary, may waive that            real documents and if those documents
                                                                                                    amount as necessary for national security              identify real people that are lawful to
                                            started cutting it off. And that is ex-
                                                                                                    purposes and in cases of immigration emer-
                                            actly what we are seeing here. This is                  gencies: Provided further, That of the total
                                                                                                                                                           work in the United States.
                                            a technology that has proven itself                     amount provided, $15,770,000 shall be for ac-            And so as much success as we have
                                            around the world, but you don’t want                    tivities to enforce laws against forced child          had with this, I want to ensure that we
                                            to give it a chance to prove itself along               labor in fiscal year 2008, of which not to ex-         have the Department of Homeland Se-
                                            our national frontier.                                  ceed $6,000,000 shall remain available until           curity promoting the Basic Pilot Pro-
                                              Mr. FARR. Don’t read in this lan-                     expended: Provided further, That at least once         gram. They have the dollars in their
                                            guage what isn’t there. That’s not what                 per month the Secretary of Homeland Secu-              budget to do that. This just commits
                                                                                                    rity or a designee of the Secretary shall ob-          those dollars and dedicates $5 million
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                                            it is about.
                                                                                                    tain information from every prison, jail, and
                                              Mr. PRICE of North Carolina. Re-                                                                             to promotion of the Basic Pilot Pro-
                                                                                                    correctional facility in the United States to
                                            claiming my time, Mr. Chairman, let                     identify incarcerated aliens who may be de-            gram.
                                            me say to the gentleman from Cali-                      portable and make every reasonable effort to             I will say that I have this program. I
                                            fornia that this language, I think,                     remove such aliens judged deportable upon              have run it myself. I have tried to fool
                                            could be widely applied. If he has items                their release from custody.                            it, everything I could do. The longest



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                               H6447
                                            delay I could create was 6 seconds on                   efforts here, though, could I suggest                  Pilot is a program which lets employ-
                                            an applicant, and the error rate, of                    that the amendment be withdrawn and                    ers check the employment status of
                                            course, is minimal.                                     we work with him as we go to con-                      people they are hiring. It is not an en-
                                              I would add that if we have flaws in                  ference to see how we might accommo-                   forcement program, and it can’t be lo-
                                            our database, it isn’t necessarily a                    date his concerns.                                     cated in two agencies. So I have no
                                            problem with the Basic Pilot Program.                     Mr. KING of Iowa. Will the gen-                      choice but to oppose the amendment.
                                            It may well be that the Social Security                 tleman yield?                                             Mr. Chairman, I yield back the bal-
                                            Administration records are wrong, or                      Mr. PRICE of North Carolina. I will                  ance of my time.
                                            the Department of Homeland Security                     yield.                                                    Mr. KING of Iowa. Mr. Chairman, I
                                            criminal records in the NCIC perhaps                      Mr. KING of Iowa. I appreciate the                   yield 1 minute to the gentlewoman
                                            need to be corrected. So the only way                   privilege to make another point, and                   from Tennessee (Mrs. BLACKBURN).
                                            that I can see that you can complete                    that is that I believe that since we                      Mrs. BLACKBURN. Mr. Chairman, I
                                            that narrow area, that less than 1 per-                 have ICE working all across this coun-                 thank the gentleman from Iowa, and I
                                            cent that are flawed, is to use the pro-                try, working with many of the employ-                  do rise to support his amendment.
                                            gram. If you use the program, you                       ers, that the knowledge base and the                      As a point of clarification, I think
                                            clean up the mistakes.                                  promotion of Basic Pilot would be                      the gentleman from Iowa, who has
                                              That is what this amendment does,                     something that would be mobile and                     worked in the business world and has
                                            Mr. Chairman, is it directs $5 million                  portable and flexible.                                 dealt with ICE on employment issues,
                                            and encourages the Department of                                                                               has such a good understanding of how
                                                                                                                     b 2330
                                            Homeland Security to promote the                                                                               this works. To the esteemed chairman
                                            Basic Pilot Program. And this has been                    Since it is an Internet-based pro-                   from North Carolina, who has spent
                                            something that has been consistent                      gram, all of these employers, at least                 much of his life in academia, I think
                                            with those that promote the Com-                        the larger employers, have computers                   that what we have got is apples and or-
                                            prehensive Immigration Reform plan,                     and Internet access. So the flexibility                anges and what we need to do is pull it
                                            as well as those of us who believe we                   of this and the mobility of it I think is              together.
                                            should do enforcement first.                            clear. The message that comes from                        Having trained people with ICE who
                                              Mr. Chairman, I reserve the balance                   this I don’t think constrains ICE, but                 are in the field, who actually would
                                            of my time.                                             encourages them to do something I                      help encourage employers to use this
                                              Mr. PRICE of North Carolina. Mr.                      think they should be doing as part of                  program, it is an important part of in-
                                            Chairman, I yield myself such time as                   their overall process.                                 ternal enforcement for our employers,
                                            I may consume.                                            I would encourage the chairman to                    knowing how to use it, having that tool
                                              I mainly am confused about exactly                    consider my remarks in his response.                   to be certain that they know how to
                                            what the gentleman is proposing and                       Mr. PRICE of North Carolina. Mr.                     use the Basic Pilot Program, to be cer-
                                            would like to try to clarify it if I                    Chairman, is the gentleman saying he                   tain that individuals who are going to
                                            might.                                                  is willing to withdraw the amendment?                  work for them are indeed who they say
                                              The effort here is to attempt to carve                  Mr. KING of Iowa. The gentleman be-                  they are and that they are in the coun-
                                            out $5 million for the ICE Mutual                       lieves that this is a well thought out                 try legally. That is important for em-
                                            Agreement Between Government Em-                        and constructive amendment, and al-                    ployers. It is an important tool for hav-
                                            ployers Program, which he is, I believe,                though I appreciate the sentiment of                   ing immigration enforcement in this
                                            confusing with the Basic Pilot Pro-                     the chairman, I would be reluctant to                  country.
                                            gram. ICE does not administer the                       withdraw the amendment.                                   Mr. KING of Iowa. Mr. Chairman,
                                            Basic Pilot Program. The bill already                     Mr. PRICE of North Carolina. Mr.                     moving forward in my last minute in
                                            includes $30 million for CIS to carry                   Chairman, reclaiming my time, I can                    conclusion, I just want to emphasize
                                            out Basic Pilot.                                        understand the need for flexibility and                that ICE is out there in the field and
                                              And it is indeed a well-regarded pro-                 for these programs not to be in totally                they are dealing with employers on a
                                            gram to do exactly the same thing as                    separate spheres, but I just have to say               daily basis face-to-face. USCIS is a sta-
                                            the gentleman is describing here. But I                 that CIS administers the Basic Pilot                   tionary operation and they operate out
                                            don’t understand the rationale for                      Program. It can’t be in two agencies.                  of their offices wherever they might be
                                            carving $5 million out of the ICE budg-                 The bill has $30 million for this pur-                 located with the databases they have
                                            et for a program that, as I understand                  pose. I simply do not, cannot, grasp the               and the access that they have to the
                                            it, would be totally duplicative. So                    rationale for carving $5 million out of                information. But USCIS wouldn’t be in
                                            maybe you can clarify.                                  the ICE budget for the same purpose.                   a position to come out and promote
                                              Mr. KING of Iowa. I appreciate the                    There does seem to be confusion here.                  Basic Pilot on a face-to-face basis with
                                            gentleman yielding.                                     That is why I am offering to take the                  employers.
                                              This is actually an amendment that I                  concern forward and suggesting the                        I would say the only entity out there
                                            offered a previous year or two. And I                   amendment be withdrawn.                                that has better capability of inter-
                                            don’t recall if it was successful or not,                 Mr. KING of Iowa. If the gentleman                   acting with employers, other than ICE,
                                            I actually think it was, but I can’t                    will yield further, I hope I have made                 would be the IRS. It may be a good
                                            speak to that factually here tonight.                   my point that ICE is in a position to                  idea for us at some point to take up the
                                            But I can say that since ICE has the                    enforce. They are hands-on with the                    idea of eliminating the tax deduct-
                                            authority to go in and enforce on the                   employers in the work site, and that is                ibility of wages and benefits paid to
                                            work site, and they do do that, that                    where the utilization of Basic Pilot                   illegals and let the IRS help with this
                                            also puts them in a position, in their                  takes place. I believe it is incumbent                 enforcement.
                                            cooperative effort with employers, to                   upon this Congress to encourage that                      But what this amendment does is it
                                            be able to use these resources to pro-                  ICE incorporates the promotion and                     encourages and directs that ICE go out
                                            mote the Employment Verification                        education of this as part of the work                  and interact with the employers and
                                            Program, or the Basic Pilot Program,                    that they do as they interrelate with                  promote with $5 million the utilization
                                            within the auspices of their regular en-                the employers. Not just go in and raid                 of the Basic Pilot Program.
                                            forcement, where they are inter-                        and lock people up and haul them off,                     Mr. Chairman, I urge the adoption of
                                            relating with the employers on the                      but to help work so employers can have                 the amendment.
                                            work site.                                              confidence.                                               The Acting CHAIRMAN. The ques-
                                              Mr. PRICE of North Carolina. I’m                        If we leave this strictly within                     tion is on the amendment offered by
                                                                                                    USCIS, they are not out into the em-
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                                            sorry. I believe the gentleman is mis-                                                                         the gentleman from Iowa (Mr. KING).
                                            taken about the bureaucratic location                   ployer workforce. They don’t have that                    The question was taken; and the Act-
                                            of the Basic Pilot Program.                             access to employers in the fashion that                ing Chairman announced that the noes
                                              The concern he expresses is certainly                 ICE does.                                              appeared to have it.
                                            a legitimate one. Given the fact that                     Mr. PRICE of North Carolina. Mr.                        Mr. KING of Iowa. Mr. Chairman, I
                                            we may be talking about duplicative                     Chairman, reclaiming my time, Basic                    demand a recorded vote.



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                                            H6448                                              CONGRESSIONAL RECORD — HOUSE                                                           June 14, 2007
                                              The Acting CHAIRMAN. Pursuant to                      and enforcement of the laws relating to cus-            later than 60 days after the date of enact-
                                            clause 6 of rule XVIII, further pro-                    toms and immigration, $6,000,000, to remain             ment of this Act a detailed expenditure plan
                                            ceedings on the amendment offered by                    available until expended: Provided, That                for checkpoint support and explosive detec-
                                                                                                    none of the funds made available in this or             tion systems refurbishment, procurement,
                                            the gentleman from Iowa will be post-
                                                                                                    any other Act may be used to solicit or con-            and installations on an airport-by-airport
                                            poned.                                                  sider any request to privatize facilities cur-          basis for fiscal year 2008: Provided, further,
                                              The Acting CHAIRMAN. If there are                     rently owned by the United States Govern-               That notwithstanding any other provision of
                                            no further amendments to this para-                     ment and used to detain illegal aliens until            law, the acquisition management system
                                            graph, the Clerk will read.                             the Committees on Appropriations of the                 shall be subject to the provisions of the
                                              The Clerk read as follows:                            Senate and the House of Representatives re-             Small Business Act (15 U.S.C. 631 et seq.).
                                                     FEDERAL PROTECTIVE SERVICE                     ceive and approve a plan for carrying out                            FEDERAL AIR MARSHALS
                                              The revenues and collections of security              that privatization.                                      For necessary expenses of the Federal Air
                                            fees credited to this account shall be avail-            TRANSPORTATION SECURITY ADMINISTRATION                 Marshals, $722,000,000.
                                            able until expended for necessary expenses                                AVIATION SECURITY                                     COAST GUARD
                                            related to the protection of federally-owned              For necessary expenses of the Transpor-                             OPERATING EXPENSES
                                            and leased buildings and for the operations             tation Security Administration related to                 For necessary expenses for the operation
                                            of the Federal Protective Service: Provided,            providing civil aviation security services              and maintenance of the Coast Guard not oth-
                                            That none of the funds provided in this or              pursuant to the Aviation and Transportation             erwise provided for; purchase or lease of not
                                            any other Act, and none of the revenues or              Security Act (Public Law 107–71; 115 Stat.              to exceed 25 passenger motor vehicles, which
                                            collections of security fees credited to this           597; 49 U.S.C. 40101 note), $5,198,535,000, to re-      shall be for replacement only; payments pur-
                                            account, may be obligated for any activity              main available until September 30, 2009, of             suant to section 156 of Public Law 97–377 (42
                                            that reduces the number of in-service Fed-              which not to exceed $10,000 shall be for offi-          U.S.C. 402 note; 96 Stat. 1920); and recreation
                                            eral Protective Service police officers below           cial reception and representation expenses:             and     welfare;    $5,885,242,000, of   which
                                            the number of such officers as of October 1,            Provided, That of the total amount made                 $340,000,000 shall be for defense-related ac-
                                            2006, unless—                                           available under this heading, not to exceed             tivities; of which $24,500,000 shall be derived
                                              (1) the Director of the Federal Protective            $4,218,194,000 shall be for screening oper-             from the Oil Spill Liability Trust Fund to
                                            Service provides to the head of the relevant            ations, of which $560,000,000 shall be available        carry out the purposes of section 1012(a)(5) of
                                            lead State and local law enforcement agen-              only for procurement and installation of                the Oil Pollution Act of 1990 (33 U.S.C.
                                            cies for the jurisdiction concerned a report            checked baggage explosive detection sys-                2712(a)(5)); and of which not to exceed $20,000
                                            on the number and type of cases handled by              tems; and not to exceed $980,116,000 shall be           shall be for official reception and representa-
                                            the Federal Protective Service police in that           for aviation security direction and enforce-            tion expenses: Provided, That none of the
                                            jurisdiction for the previous two fiscal years;         ment: Provided further, That security service           funds made available by this or any other
                                              (2) the Director of the Federal Protective            fees authorized under section 44940 of title 49,        Act shall be available for administrative ex-
                                            Service negotiates a Memorandum of Agree-               United States Code, shall be credited to this           penses in connection with shipping commis-
                                            ment with the head of each relevant State               appropriation as offsetting collections and             sioners in the United States: Provided fur-
                                            and local law enforcement agency for the ju-            shall be available only for aviation security:          ther, That none of the funds made available
                                            risdiction concerned that explains how the              Provided further, That the sum appropriated             by this Act shall be for expenses incurred for
                                            work identified in the report described in              under this heading from the General Fund                yacht documentation under section 12114 of
                                            section (1) will be addressed in the future;            shall be reduced on a dollar-for-dollar basis           title 46, United States Code, except to the ex-
                                            and                                                     as such offsetting collections are received             tent fees are collected from yacht owners
                                              (3) the Director of the Federal Protective            during fiscal year 2008, so as to result in a           and credited to this appropriation.
                                            Service submits copies of each report under             final fiscal year appropriation from the Gen-             AMENDMENT NO. 107 OFFERED BY MR. SOUDER
                                            paragraph (1) and each memorandum under                 eral Fund estimated at not more than
                                            paragraph (2) to the Committees on Appro-                                                                         Mr. SOUDER. Mr. Chairman, I offer
                                                                                                    $2,488,310,000: Provided further, That any secu-
                                            priations of the Senate and the House of                rity service fees collected in excess of the
                                                                                                                                                            an amendment.
                                            Representatives by not later than 15 days be-           amount made available under this heading
                                                                                                                                                              The Acting CHAIRMAN. The Clerk
                                            fore the number of in-service Federal Protec-           shall become available during fiscal year               will designate the amendment.
                                            tive Service police officers is reduced for the         2009.                                                     The text of the amendment is as fol-
                                            concerned jurisdiction.                                                                                         lows:
                                                                                                            SURFACE TRANSPORTATION SECURITY
                                                      AUTOMATION MODERNIZATION                                                                                Amendment No. 107 offered by Mr. SOUDER:
                                                                                                      For necessary expenses of the Transpor-                 Page 25, line 3, after the first dollar
                                              For expenses of immigration and customs               tation Security Administration related to
                                            enforcement automated systems, $30,700,000,                                                                     amount, insert ‘‘(reduced by $21,500,000)’’.
                                                                                                    providing surface transportation security ac-             Page 31, line 13, after the dollar amount,
                                            to remain available until expended: Provided,           tivities, $41,413,000, to remain available until
                                            That none of the funds made available under                                                                     insert ‘‘(reduced by $8,000,000)’’.
                                                                                                    September 30, 2009.                                       Page 26, line 10, after the first dollar
                                            this heading may be obligated until the Com-
                                            mittees on Appropriations of the Senate and                  TRANSPORTATION THREAT ASSESSMENT AND               amount, insert ‘‘(increased by $29,500,000)’’.
                                            the House of Representatives receive and ap-                            CREDENTIALING                             Page 26, line 22, after the dollar amount,
                                            prove a plan for expenditure prepared by the              For necessary expenses for the develop-               insert ‘‘(increased by $29,500,000)’’.
                                                                                                    ment and implementation of screening pro-                 Page 26, line 25, after the dollar amount,
                                            Secretary of Homeland Security that—
                                                                                                    grams of the Office of Transportation Threat            insert ‘‘(increased by $29,500,000)’’.
                                              (1) meets the capital planning and invest-
                                            ment control review requirements estab-                 Assessment and Credentialing, $49,490,000, to             The Acting CHAIRMAN. Pursuant to
                                            lished by the Office of Management and                  remain available until September 30, 2009:              the order of the House of today, the
                                            Budget, including Circular A–11, part 7;                Provided, That if the Assistant Secretary of            gentleman from Indiana (Mr. SOUDER)
                                              (2) complies with the Department of Home-             Homeland Security (Transportation Security              and the gentleman from North Caro-
                                            land Security information systems enter-                Administration) determines that the Secure              lina (Mr. PRICE) each will control 5
                                            prise architecture;                                     Flight program does not need to check air-
                                                                                                    line passenger names against the full ter-
                                                                                                                                                            minutes.
                                              (3) complies with the acquisition rules, re-
                                            quirements, guidelines, and systems acquisi-            rorist watch list, then the Assistant Sec-                The Chair recognizes the gentleman
                                            tion management practices of the Federal                retary shall certify to the Committees on               from Indiana.
                                            Government;                                             Appropriations of the Senate and the House                Mr. SOUDER. Mr. Chairman, I yield
                                              (4) includes a certification by the Chief In-         of Representatives that no security risks are           myself 2 minutes.
                                            formation Officer of the Department of                  raised by screening airline passenger names               Mr. Chairman, this amendment in ef-
                                            Homeland Security that an independent                   only against a subset of the full terrorist             fect transfers money from the alter-
                                            verification and validation agent is cur-               watch list.                                             ation of bridges account, $8 million,
                                            rently under contract for the project;                          TRANSPORTATION SECURITY SUPPORT                 and $21.5 million allocated from the op-
                                              (5) is reviewed and approved by the Depart-             For necessary expenses of the Transpor-               erating expenses allocated to airborne
                                            ment of Homeland Security Investment Re-                tation Security Administration related to               use of force account, and moves it over
                                            view Board, the Secretary of Homeland Secu-             providing transportation security support
                                            rity, and the Office of Management and                                                                          to buy a Coast Guard maritime patrol
                                                                                                    and intelligence pursuant to the Aviation               aircraft.
                                            Budget; and                                             and Transportation Security Act (Public                   The challenge here in Deepwater,
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                                              (6) is reviewed by the Government Ac-                 Law 107–71; 115 Stat. 597; 49 U.S.C. 40101
                                            countability Office.                                                                                            which has had admitted problems, but
                                                                                                    note), $526,615,000, to remain available until
                                                              CONSTRUCTION                          September 30, 2009: Provided, That the Sec-             which is one of the most important
                                              For necessary expenses to plan, construct,            retary of Homeland Security shall submit to             long-term programs of the Coast Guard
                                            renovate, equip, and maintain buildings and             the Committees on Appropriations of the                 for reaching out into beyond just har-
                                            facilities necessary for the administration             Senate and the House of Representatives no              bor patrol to be able to protect our



                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000    Frm 00006   Fmt 7634   Sfmt 0634   E:\CR\FM\K14JN7.104   H14JNPT2
                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                H6449
                                            country, whether it be illegal contra-                    The amendment would also cut the                     HITRON helicopter, which is a great
                                            band, such as narcotics or anthrax or                   alteration of bridges program by $8                    helicopter, I have been in it, but it is
                                            whatever, or high risk terrorists, is                   million. That is half of the budget for                not armed. It is outdated and they are
                                            that we don’t have enough assets that                   that program included in the bill. The                 moving to the M–65s. They have the M–
                                            are operating and functional, and part                  amendment would instead move this                      65s on line or in production, the ones
                                            of this is aircraft.                                    money to the Coast Guard aircraft ac-                  that you said that are off-the-shelf hel-
                                              The MH–68, the HITRON, leases have                    quisitions budget in the Deepwater                     icopters that they are now adapting, of
                                            expired, and we have moved to the M–                    Program.                                               which they had eight and they wanted
                                            65s, which are replacing them in the                      The question is not whether these                    four more and you gave them two
                                            field. The Coast Guard then requested                   aircraft are needed. We know that they                 more.
                                            four more, to bring it up to 12, of assets              are. But there is a serious question                                     b 2345
                                            that go out with the Deepwater Pro-                     about whether the Coast Guard is or
                                            gram. This bill already cuts Deepwater                  would be prepared to utilize the fund-                   The money for the account that they
                                            $197 million. This is the only Coast                    ing that the gentleman is suggesting.                  don’t want and don’t have people to do
                                            Guard plus-up that we would have re-                    The Coast Guard’s aircraft acquisitions                and the 21.5 for a contract they don’t
                                            lated to Deepwater. They deeply need                    are behind schedule. The newest planes                 want would buy the additional heli-
                                            these air assets.                                       that the service is buying have not                    copter that they do want that’s off the
                                              Now, one of the challenges here is,                   even been shown to meet the Coast                      shelf and merely would need to be
                                            what is this $8 million alteration of                   Guard’s needs through flight testing.                  added to.
                                            bridges account? The Coast Guard in                       So, again, as with many items in this                  I would ask the chairman respect-
                                            the report language here, it suggests                   budget, the question is not whether                    fully, can you identify who is request-
                                            that the Coast Guard has asked and                      this is a worthy expenditure or a wor-                 ing this, because we haven’t been able
                                            said we don’t have people who main-                     thy object of expenditure. The question                to figure out who’s pushing this MH–68
                                            tain bridges and we don’t want to do                    is what the traffic will bear in terms of              contract of which the amount of money
                                            this. The committee is ordering the                     next year’s budget and the money that                  is the exact amount of money. And the
                                            Coast Guard to do the bridges, rather                   can be wisely and usefully spent. Our                  lobbyist is all over the Hill saying that
                                            than the Department of Transpor-                        judgment, after carefully looking at                   that’s what this is for.
                                            tation.                                                 this, is that the bill provides adequate                 Mr. PRICE of North Carolina. Mr.
                                              We also have a question of what is                    funding for aircraft acquisition.                      Chairman, will the gentleman yield?
                                            this $21.5 million, and it looks like it is               Moreover, these items that would be                    Mr. SOUDER. I yield to the gen-
                                            for an MH–68 that the Coast Guard                       cut to make room for this funding                      tleman from North Carolina.
                                            didn’t want in a lease that expired.                    would have a negative impact on the                      Mr. PRICE of North Carolina. The
                                              A former Homeland Security Depart-                    day-to-day operations of the Coast                     item that the gentleman is discussing,
                                            ment official now works for a lobbying                  Guard. In particular, they would delay                 let me just clarify. We’re talking about
                                            firm who has been lobbying the Hill to                  the replacement of bridges in a major                  $21.5 million. It requires that the Coast
                                            continue this lease, in spite of the fact               way, bridges that are a hazard to mari-                Guard shall submit a plan for the use
                                            that the Coast Guard doesn’t want the                   time safety.                                           of this money to the committee by No-
                                            lease. We have been unable to identify                    For all these reasons, though we cer-                vember 1.
                                            which Members have actually been ad-                    tainly want to work with the gen-                        Mr. SOUDER. Reclaiming my time,
                                            vocating renewing the lease that the                    tleman in trying to push this aircraft                 can I ask the chairman a follow-up
                                            Coast Guard doesn’t want for a heli-                    acquisition forward. We want to do                     question?
                                            copter we don’t need, and they cut the                  that in a prudent way, and we think                      Mr. PRICE of North Carolina. Well, it
                                            committee request from four to two for                  this amendment is basically not help-                  calls for a submission of a plan. It does
                                            a helicopter the Coast Guard des-                       ful.                                                   not say how the money shall be spent
                                            perately needs and wants. This would                      So we reluctantly urge a no vote.                    otherwise.
                                            put that back in.                                         Mr. SOUDER. Mr. Chairman, I yield                      Mr. SOUDER. I agree with that. My
                                              While it is not absolutely clear                      myself such time as I may consume.                     question then would be, given what
                                            whether this is a closet earmark, it                      Mr. Chairman, I believe that what                    we’ve been hearing and we have been
                                            hasn’t exactly been coming forward on                   the chairman was referring to was a                    suggested and it is all over that this
                                            the helicopter part or the designation                  general account of the things that I re-               amount just happens to be the amount
                                            in this bill, which actually doesn’t des-               ferred to which were inside the general                that was proposed for the lease and
                                            ignate the $21.5 million. It asks the                   account. I am not trying to cut funding                that it’s intended for a lease.
                                            Coast Guard to submit a plan. But the                   for personnel. There is $8 million in the                Will the chairman assure me that in
                                            lobbyist has been all over the Hill                     bill for alteration of bridges. The re-                fact the Coast Guard is submitting an
                                            today and recently saying this is for                   port language says the committee de-                   independent request to you for 21.5 and
                                            the MH–68 helicopter we don’t want.                     nies the request to transfer personnel                 it’s not intended to buy an MH–68?
                                              My amendment merely says, let’s                       devoted to maintaining safe passage of                   Mr. PRICE of North Carolina. Yes, I
                                            help Deepwater. Let’s give them the                     marine traffic. That means that the                    can assure you of that.
                                            helicopter they need and want, rather                   Coast Guard had requested to the com-                    Mr. SOUDER. Thank you very much.
                                            than giving them money they don’t                       mittee that they didn’t want these                       The Acting CHAIRMAN. The gentle-
                                            want for something they don’t do that                   funds. The reason they don’t want the                  man’s time has expired.
                                            the Department of Transportation does                   funds is they don’t have personnel that                  The question is on the amendment
                                            in bridges and for a helicopter they                    does bridges. They said this should be,                offered by the gentleman from Indiana
                                            don’t want with an expired lease.                       according to your report language,                     (Mr. SOUDER).
                                              Mr. PRICE of North Carolina. Mr.                      within the Department of Transpor-                       Mr. SOUDER. Mr. Chairman, I ask
                                            Chairman, I yield myself such time as                   tation’s Maritime Division to do                       unanimous consent to withdraw my
                                            I may consume in opposition to the                      bridges.                                               amendment.
                                            amendment.                                                I don’t know what kind of fight is oc-                 The Acting CHAIRMAN. Without ob-
                                              Mr. Chairman, this amendment                          curring between Transportation and                     jection, the amendment is withdrawn.
                                            would cut the Coast Guard operating                     Coast Guard here, but basically the                      There was no objection.
                                            expenses account, the budget that pays                  Coast Guard wants the money to do                        The Acting CHAIRMAN. If there are
                                            for military officers and personnel, by                 their mission, not to do bridges, and                  no further amendments to this para-
                                            $8 million. Given our country’s need for                                                                       graph, the Clerk will read.
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                                                                                                    this amendment tries to address this.
                                            port security, marine environmental                       Then also in the airborne use of                       The Clerk read as follows:
                                            protection and search and rescue oper-                  force, there is a discussion about the                         ENVIRONMENTAL COMPLIANCE AND
                                            ations, it doesn’t seem like a very good                $21.5 million, which just happens to be                                RESTORATION
                                            time to be cutting back on Coast Guard                  the amount that the lobbying firm is                     For necessary expenses to carry out the
                                            personnel.                                              seeking    to   continue    the    MH–68               environmental compliance and restoration




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                                            H6450                                              CONGRESSIONAL RECORD — HOUSE                                                          June 14, 2007
                                            functions of the Coast Guard under chapter              Engineering and Logistics is designated as               The text of the amendment is as fol-
                                            19 of title 14, United States Code, $15,000,000,        the technical authority for all engineering,           lows:
                                            to remain available until expended.                     design, and logistics decisions pertaining to            Amendment offered by Mr. BILBRAY:
                                                            RESERVE TRAINING                        the Integrated Deepwater Systems program;                Page 26, line 10, after the first dollar
                                              For necessary expenses of the Coast Guard               (11) identifies use of the Defense Contract          amount, insert ‘‘(reduced by $150,000,000)’’.
                                            Reserve, as authorized by law; operations               Auditing Agency; and                                     Page 26, line 22, after the dollar amount,
                                            and maintenance of the reserve program;                   (12) is reviewed by the Government Ac-               insert ‘‘(reduced by $150,000,000)’’.
                                            personnel and training costs; and equipment             countability Office:                                     Page 39, line 14, after the dollar amount,
                                            and services; $126,883,000.                             Provided further, That the Commandant of               insert ‘‘(increased by $150,000,000)’’.
                                                   ACQUISITION, CONSTRUCTION, AND                   the Coast Guard is authorized to dispose of              Page 41, line 7, after the dollar amount, in-
                                                             IMPROVEMENTS                           surplus real property, by sale or lease, and           sert ‘‘(increased by $150,000,000)’’.
                                                  (INCLUDING RESCISSIONS OF FUNDS)                  the proceeds shall be credited to this appro-            The Acting CHAIRMAN. Pursuant to
                                                                                                    priation as offsetting collections and shall be        the order of the House of today, the
                                              For necessary expenses of acquisition, con-
                                                                                                    available until September 30, 2010: Provided
                                            struction, renovation, and improvement of                                                                      gentleman      from    California     (Mr.
                                            aids to navigation, shore facilities, vessels,          further, That of amounts made available
                                                                                                    under this heading in Public Law 109–90 for            BILBRAY) and the gentleman from
                                            and aircraft, including equipment related                                                                      North Carolina (Mr. PRICE) each will
                                            thereto; and maintenance, rehabilitation,               the Offshore Patrol Cutter, $68,841,000 is re-
                                                                                                    scinded: Provided further, That of amounts             control 5 minutes.
                                            lease and operation of facilities and equip-
                                                                                                    made available under this heading in Public              The Chair recognizes the gentleman
                                            ment, as authorized by law; $941,767,000, of
                                            which $20,000,000 shall be derived from the             Law 109–90 and Public Law 109–295 for un-              from California.
                                            Oil Spill Liability Trust Fund to carry out             manned aerial vehicles, $38,608,000 is re-               Mr. BILBRAY. Mr. Chairman, after
                                            the purposes of section 1012(a)(5) of the Oil           scinded: Provided further, That the Secretary          the tragedy of 9/11, the 9/11 Commission
                                            Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of        of Homeland Security shall submit to the               came forth with some very distinct rec-
                                            which $9,200,000 shall be available until Sep-          Committees on Appropriations of the Senate             ommendations. And one of their most
                                            tember 30, 2012, to acquire, repair, renovate,          and the House of Representatives, in con-
                                                                                                    junction with the President’s fiscal year 2009
                                                                                                                                                           distinct recommendations was that we
                                            or improve vessels, small boats, and related                                                                   need to have a secure minimum stand-
                                            equipment; of which $113,600,000 shall be               budget, a review of the Revised Deepwater
                                            available until September 30, 2010, for other           Implementation Plan that identifies any                ard for identification within the United
                                            equipment; of which $37,897,000 shall be avail-         changes to the plan for the fiscal year; an            States. The REAL ID bill was our an-
                                            able until September 30, 2010, for shore facili-        annual performance comparison of Deep-                 swer to that and it was a bipartisan ef-
                                            ties and aids to navigation facilities; of              water assets to pre-Deepwater legacy assets;           fort to make sure that we correct a de-
                                            which $82,720,000 shall be available for per-           a status report of legacy assets; a detailed           ficiency that was identified by the 9/11
                                            sonnel compensation and benefits and re-                explanation of how the costs of legacy assets          Commission. My amendment is very
                                            lated costs; and of which $698,350,000 shall be         are being accounted for within the Deep-
                                                                                                    water program; and the earned value man-
                                                                                                                                                           clear. It strikes $150 million out of the
                                            available until September 30, 2012, for the In-
                                            tegrated Deepwater Systems program: Pro-                agement system gold card data for each                 integrated Deepwater system program
                                            vided, That of the funds made available for             Deepwater asset: Provided further, That the            which has been identified with major
                                            the Integrated Deepwater Systems program,               Secretary shall submit to the Committees on            problems, moves it over to a program
                                            $257,400,000 is for aircraft and $219,500,000 is        Appropriations of the Senate and the House             that we all admit is underfunded and
                                            for surface ships: Provided further, That               of Representatives a comprehensive review              needs to be addressed and aids in the
                                            $400,000,000 of the funds provided for the Inte-        of the Revised Deepwater Implementation                implementation of this most essential
                                            grated Deepwater Systems program may not                Plan every five years, beginning in fiscal             program.
                                            be obligated until the Committees on Appro-             year 2011, that includes a complete projec-
                                                                                                                                                             All it says is that we now are going
                                            priations of the Senate and the House of                tion of the acquisition costs and schedule for
                                            Representatives receive and approve a plan              the duration of the plan through fiscal year           to commit $150 million to the program
                                            for expenditure directly from the Coast                 2027: Provided further, That the Secretary             which will raise it up to $200 million to
                                            Guard that—                                             shall annually submit to the Committees on             help our States fulfill their responsi-
                                              (1) defines activities, milestones, yearly            Appropriations of the Senate and the House             bility to provide viable, verifiable iden-
                                            costs, and lifecycle costs for each procure-            of Representatives, at the time that the               tification for every American and
                                            ment of a major asset, including an inde-               President’s budget is submitted under sec-             every legal resident within the United
                                            pendent cost estimate for each;                         tion 1105(a) of title 31, United States Code, a        States.
                                              (2) identifies lifecycle staffing and training        future-years capital investment plan for the             Mr. Chairman, I reserve the balance
                                            needs of Coast Guard project managers and               Coast Guard that identifies for each capital
                                                                                                    budget line item—
                                                                                                                                                           of my time.
                                            of procurement and contract staff;
                                              (3) identifies competition to be conducted              (1) the proposed appropriation included in             Mr. PRICE of North Carolina. Mr.
                                            in each procurement;                                    that budget;                                           Chairman, I rise in reluctant opposi-
                                              (4) describes procurement plans that do not             (2) the total estimated cost of completion;          tion to this amendment.
                                            rely on a single industry entity or contract;             (3) projected funding levels for each fiscal           Mr. Chairman, the gentleman seeks
                                              (5) contains very limited indefinite deliv-           year for the next five fiscal years or until           to add $150 million to fund REAL ID
                                            ery/indefinite quantity contracts and ex-               project completion, whichever is earlier;              grants while cutting the Coast Guard’s
                                            plains the need for any indefinite delivery/in-           (4) an estimated completion date at the              Deepwater program. I’m certainly sym-
                                            definite quantity contracts;                            projected funding levels; and                          pathetic to the gentleman’s basic idea
                                              (6) complies with all applicable acquisition            (5) changes, if any, in the total estimated
                                                                                                    cost of completion or estimated completion
                                                                                                                                                           of providing some funding for REAL
                                            rules, requirements, and guidelines, and in-
                                            corporates the best systems acquisition man-            date from previous future-years capital in-            ID. In fact, we added in this bill $50
                                            agement practices of the Federal Govern-                vestment plans submitted to the Committees             million that was not requested by the
                                            ment;                                                   on Appropriations of the Senate and the                administration in order to put some
                                              (7) complies with the capital planning and            House of Representatives:                              seed funds out there, to get the depart-
                                            investment control requirements established             Provided further, That the Secretary shall en-         ment in gear to adequately assess what
                                            by the Office of Management and Budget, in-             sure that amounts specified in the future-             the Federal Government must do to as-
                                            cluding circular A–11, part 7;                          years capital investment plan are consistent           sist States in complying with this Fed-
                                              (8) includes a certification by the Head of           to the maximum extent practicable with                 eral mandate, which many of us have
                                            Contracting Activity for the Coast Guard                proposed appropriations necessary to support
                                            and the Chief Procurement Officer of the De-                                                                   heard concerns about from our home
                                                                                                    the programs, projects, and activities of the
                                            partment of Homeland Security that the                  Coast Guard in the President’s budget as
                                                                                                                                                           States.
                                            Coast Guard has established sufficient con-             submitted under section 1105(a) of title 31,             I am certainly sympathetic with the
                                            trols and procedures and has sufficient staff-          United States Code, for that fiscal year: Pro-         idea of getting some seed funding out
                                            ing to comply with all contracting require-             vided further, That any inconsistencies be-            there for REAL ID. But I have to take
                                            ments and that any apparent conflicts of in-            tween the capital investment plan and pro-             issue with the offset, with the source of
                                            terest have been sufficiently addressed;                posed appropriations shall be identified and           these funds. The gentleman is pro-
                                              (9) includes a description of the process             justified.
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                                                                                                                                                           posing to take $150 million from the
                                            used to act upon deviations from the con-                    AMENDMENT OFFERED BY MR. BILBRAY
                                            tractually specified performance require-
                                                                                                                                                           Coast Guard’s Deepwater program.
                                            ments and clearly explains the actions taken              Mr. BILBRAY. Mr. Chairman, I have                      Now, he rightly notes that the Deep-
                                            on such deviations;                                     an amendment at the desk.                              water program has had financial man-
                                              (10) includes a certification that the As-              The Acting CHAIRMAN. The Clerk                       agement problems. The committee is
                                            sistant Commandant of the Coast Guard for               will designate the amendment.                          well aware of that. We have explored



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                               H6451
                                            them thoroughly both under the                          these sizable reductions, and may un-                    This amendment is quite simple. It
                                            former chairman, Mr. ROGERS, and this                   necessarily prolong the operation of                   says, you have problems with the Deep-
                                            year. Deepwater is one of the items in                  antiquated systems, some dating back                   water project right now, let’s talk
                                            this bill that, while we place great im-                to World War II.                                       about it and work those problems out,
                                            portance on it, great emphasis on it,                     We’re confident the Coast Guard is                   but we know right now we do not have
                                            we are trying to make a very careful                    putting in place the right managerial                  the time to delay at implementing a
                                            decision about the amount provided                      tools and controls and organizational                  secure identification system for this
                                            and the conditions under which it is                    improvements to get Deepwater head-                    country. Let’s work with our States,
                                            provided.                                               ing in the right direction. But let me                 let’s give them the grants so they don’t
                                              The bottom line is that this bill is al-              be clear. Mr. Chairman, no one has                     have an excuse not to do the right
                                            ready $197 million below the Presi-                     been harder on Deepwater than this                     thing, to make sure that when our citi-
                                            dent’s request for the Coast Guard’s                    Member. Too much of our national se-                   zens get on an airplane, we know that
                                            Deepwater acquisition program. There                    curity is at stake for the Coast Guard                 everyone who got on that airplane got
                                            are reductions to projects with high                    to continue to struggle with inad-                     on with a secure document and that
                                            carryover funding. There are reduc-                     equate managerial and budgetary con-                   they can be reassured that it’s safe to
                                            tions in projects where the lead asset,                 trols. I think the commandant of the                   fly in America and that America is safe
                                            the first of a series to be purchased,                  Coast Guard now has seized control of                  because the Congress did the right
                                            has not yet been tested. In fact, we’ve                 this program, and I am convinced that                  thing and gave the resources for secure
                                            been discussing some of those situa-                    he is on the right track and will have                 identification so we can have a secure
                                            tions tonight. So we’re reducing the                    the capability to make it work.                        Nation.
                                            program. We’re also restoring account-                    And so while we’re cutting Deep-
                                                                                                                                                             Mr. Chairman, I yield back the bal-
                                            ability. $400 million of Deepwater fund-                water in this bill and putting controls
                                                                                                                                                           ance of my time.
                                            ing is withheld pending the submission                  on how they spend their money, they
                                                                                                    still need this money, and this amend-                   Mr. PRICE of North Carolina. Mr.
                                            of a detailed management and expendi-                                                                          Chairman, I move to strike the last
                                            ture plan.                                              ment would cut too much from the
                                                                                                    Deepwater program for a REAL ID pro-                   word.
                                              So we are well aware of the Deep-                                                                              The Acting CHAIRMAN. The gen-
                                            water challenges. But I think in light                  gram that is flush with money already.
                                                                                                      So I oppose the amendment reluc-                     tleman is recognized for 5 minutes.
                                            of the way we have dealt with them                                                                               Mr. PRICE of North Carolina. I yield
                                                                                                    tantly and congratulate the gentleman
                                            and the level of funding we have pro-                                                                          to Mr. FARR from California.
                                                                                                    for his thoughtful but misplaced
                                            vided, another $150 million cut would
                                                                                                    amendment.                                               Mr. FARR. Thank you very much,
                                            be most unwise. So my opposition is                       I yield back the balance of my time.                 Mr. Chairman. Thank you for yielding.
                                            more out of a concern for that than it                    Mr. BILBRAY. Mr. Chairman, there
                                            is out of any inclination to downplay                                                                            I wasn’t even going to speak on this
                                                                                                    have already been three States that                    issue, but I have to concur with my
                                            the REAL ID challenge. It’s more in                     have opted out of REAL ID because
                                            terms of this offset that I have to op-                                                                        Chair and ranking member, and I’ll tell
                                                                                                    they say they don’t have the money to                  you why, Mr. BILBRAY. The Deepwater
                                            pose this amendment.                                    implement it. The terrorists of 9/11 did
                                              Mr. Chairman, I yield back the bal-                                                                          project, the first Deepwater vessel is
                                                                                                    not slip through the Coast Guard along                 being delivered to Alameda, California.
                                            ance of my time.                                        our coastline. I represent a coastal dis-
                                              Mr. ROGERS of Kentucky. Mr. Chair-                                                                           As you know, the Alameda office is in
                                                                                                    trict. The fact is we need to make some                charge of the entire ocean from Cali-
                                            man, I move to strike the last word.                    priority decisions here. What is the
                                              The Acting CHAIRMAN. The gen-                                                                                fornia to the Indian Ocean, half the
                                                                                                    real threat to the American people?                    world. The other half is monitored by
                                            tleman is recognized for 5 minutes.                     The threat is the use of false identi-
                                              Mr. ROGERS of Kentucky. Like the                                                                             this side. If you think that that oper-
                                                                                                    fication to get on airplanes, to get ac-               ation isn’t about national security
                                            chairman, I am sympathetic with the                     cess into government buildings, to do
                                            gentleman’s concern about funding for                                                                          with the vessels that are in the entire
                                                                                                    other types of wrongful deeds against                  Pacific and with the drugs that are
                                            REAL ID. It is a mandate that we put                    the American people is because we do
                                            on the States that we need to match                                                                            being run up through the ocean from
                                                                                                    not have a secure ID today. The 9/11 re-               South America, I don’t think we can
                                            money for. And we’ve done that. As the                  port did not say a critical national de-
                                            chairman indicated, there’s $50 million                                                                        afford to take the newest vessel which
                                                                                                    fense purpose to defend our Nation                     is going through all its trials and sea
                                            in this bill which was unrequested by                   from terrorism is that we need Deep-
                                            the administration. In addition to that,                                                                       trials and is going to be stationed in
                                                                                                    water. But they did say we absolutely
                                            there’s $40 million that was put in this                                                                       our own State and cut funding that’s
                                                                                                    need to have secure documentation
                                            program in ’06 and most of that is un-                                                                         going to affect that. I hear you. I think
                                                                                                    within this country.
                                            obligated. So there will be around $90                    So we have to make a priority deci-                  we need to do something about identi-
                                            million that REAL ID has. So there’s                    sion. And as somebody of a naval fam-                  fication, but I frankly think that if
                                            plenty of money, I think, in the REAL                   ily, somebody of a coastal community,                  you’re thinking that REAL ID is going
                                            ID program. The gentleman, I think,                     I understand the Coast Guard is impor-                 to solve that identification problem,
                                            should be pleased with that.                            tant, but this is a priority decision.                 all IDs tell you is that you are who you
                                              But at the same time, I must say                      REAL ID not only should and needs to                   are. There is no national ID. There is
                                            that we can’t afford to take more                       be implemented now, it should have                     no citizenship ID. There’s nobody in
                                            money out of the Deepwater program.                     been implemented years ago. But the                    this room that has a card in their wal-
                                            This subcommittee has maintained ag-                    lack of funding should not be an excuse                let that shows that they’re an Amer-
                                            gressive oversight of that program. But                 for us to do the right thing that is es-               ican citizen. You may have a driver’s
                                            this bill also makes, as the chairman                   sential. If you’re not going to follow                 license. You don’t have to be an Amer-
                                            said, substantial cuts already of almost                the 9/11 report, then why the heck even                ican citizen to have a driver’s license.
                                            $200 million to Deepwater that will, in                 have the committee report? If you’re                   You may have a Social Security card.
                                            effect, slow down the program’s acqui-                  going to follow the bureaucracy that                   You don’t have to be an American cit-
                                            sition schedule and delay the much-                     says let’s keep defending America the                  izen to have a Social Security card.
                                            needed modernization of the Coast                       way we did for the last hundred years                  There is no card. You may have a pass-
                                            Guard’s ships and aircraft.                             and not upgrade to the realities of                    port. Very few Americans have them,
                                              Specifically, the bill cuts $60 million               today?                                                 but those who have them, that shows
                                            from the National Security Cutter, $70                    The 9/11 report has said, one of the                 that you are an American citizen.
                                            million from the Maritime Patrol Air-                                                                            The issue is whether these fake IDs
mstockstill on PROD1PC66 with HOUSE




                                                                                                    first priorities must be securing our
                                            craft, and over $50 million from the                    documentation. With this amendment,                    which the States are working with can
                                            Fast Response Cutter. Now, those re-                    we will be saying we will not only be                  be made more secure, and I think
                                            ductions are made in the name of good                   economically viable, we will be intel-                 that’s important to do, but I don’t
                                            oversight, but I fear that the security                 lectually smart in the way we defend                   think that’s going to answer your na-
                                            of shores will be further delayed by                    our country.                                           tional ID issue. It’s not.



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                                            H6452                                              CONGRESSIONAL RECORD — HOUSE                                                           June 14, 2007
                                                              b 0000                                     The Clerk read as follows:                        James J. Rowley Training Center, except
                                                                                                                 ALTERATION OF BRIDGES                     that total obligations at the end of the fiscal
                                              Frankly, this is a debate worth hav-                                                                         year shall not exceed total budgetary re-
                                            ing. We are not having it here, we are                    For necessary expenses for alteration or             sources available under this heading at the
                                            not having it on your amendment, we                     removal of obstructive bridges, as authorized          end of the fiscal year: Provided further, That
                                            are not having it tonight because I                     by section 6 of the Act of July 16, 1952 (chap-        none of the funds made available under this
                                                                                                    ter 409; 33 U.S.C. 516), $16,000,000, to remain
                                            think the real debate is: Is this the                                                                          heading shall be available to compensate any
                                                                                                    available until expended.                              employee for overtime in an annual amount
                                            time in the development of our country
                                                                                                         RESEARCH, DEVELOPMENT, TEST, AND                  in excess of $35,000, except that the Secretary
                                            where we really ought to form an ID? I
                                                                                                                        EVALUATION                         of Homeland Security, or the designee of the
                                            have been opposed to it. If you look at
                                                                                                      For necessary expenses for applied sci-              Secretary, may waive that amount as nec-
                                            the politics, the left and the right have                                                                      essary for national security purposes: Pro-
                                                                                                    entific research, development, test, and eval-
                                            been very much opposed to having a                      uation; and for maintenance, rehabilitation,           vided further, That notwithstanding section
                                            national ID program. But if you are                     lease, and operation of facilities and equip-          503(b) of this Act, none of the funds provided
                                            going to do it, it is going to need to                  ment; as authorized by law; $22,583,000, to re-        to the United States Secret Service by this
                                            make much more sense than 58, our                       main available until expended, of which                or any previous appropriations Act shall be
                                            States plus our territories, all having                 $500,000 shall be derived from the Oil Spill Li-       available for obligation or expenditure for
                                            different measurements and not having                   ability Trust Fund to carry out the purposes           programs, projects, or activities through a
                                            any one way to tell if it is a citizenship              of section 1012(a)(5) of the Oil Pollution Act         reprogramming of funds in excess of
                                                                                                    of 1990 (33 U.S.C. 2712(a)(5)): Provided, That         $2,500,000 or 5 percent, whichever is less,
                                            issue which you want to talk about,                                                                            that: (1) augments existing programs,
                                                                                                    there may be credited to and used for the
                                            which is what this Border Patrol and                    purposes of this appropriation funds received          projects, or activities; (2) reduces by 5 per-
                                            Customs is all about. This is not the                   from State and local governments, other                cent funding for any existing program,
                                            way to do it, and certainly not cutting                 public authorities, private sources, and for-          project, or activity, or reduces by 5 percent
                                            money from a budget that has already                    eign countries for expenses incurred for re-           numbers of personnel as approved by the
                                            been whacked and oversighted and con-                   search, development, testing, and evalua-              Congress; or (3) results from any general sav-
                                            ditioned more than any other budget                     tion.                                                  ings from a reduction in personnel that
                                            item than in this bill.                                                     RETIRED PAY                        would result in a change in existing pro-
                                                                                                                                                           grams, projects, or activities as approved by
                                              Mr. BILBRAY. Mr. Chairman, will                         For retired pay, including the payment of
                                                                                                                                                           Congress; unless the Committees on Appro-
                                            the gentleman yield?                                    obligations otherwise chargeable to lapsed
                                                                                                                                                           priations of the Senate and the House of
                                              Mr. PRICE of North Carolina. I yield                  appropriations for this purpose, payments
                                                                                                                                                           Representatives are notified 15 days in ad-
                                            to the gentleman from California.                       under the Retired Serviceman’s Family Pro-
                                                                                                                                                           vance of such reprogramming of funds.
                                              Mr. BILBRAY. The Governor of Cali-                    tection and Survivor Benefits Plans, pay-
                                                                                                    ment for career status bonuses, concurrent                AMENDMENT NO. 102 OFFERED BY MR. DENT
                                            fornia supports this legislation. The                                                                            Mr. DENT. Mr. Chairman, I offer an
                                                                                                    receipts and combat-related special com-
                                            fact is, the Fraternal Order of Police,                 pensation under the National Defense Au-               amendment.
                                            because they say we have a standard                     thorization Act, and payments for medical                The Acting CHAIRMAN. The Clerk
                                            now, it is REAL ID, but allow us to im-                 care of retired personnel and their depend-            will designate the amendment.
                                            plement it. It is a time-sensitive issue.               ents under chapter 55 of title 10, United
                                                                                                                                                             The text of the amendment is as fol-
                                            I understand Deepwater needs to be ad-                  States Code, $1,184,720,000, to remain avail-
                                                                                                                                                           lows:
                                            dressed. But you have to admit, there                   able until expended.
                                                                                                           UNITED STATES SECRET SERVICE                      Amendment No. 102 offered by Mr. DENT:
                                            are major problems with Deepwater.                                                                               Page 33, line 15, after ‘‘of which’’ insert the
                                            But right now, there is a major crisis                               SALARIES AND EXPENSES
                                                                                                                                                           following: ‘‘$853,690,000 is for protective mis-
                                            in getting the resources to the local                     For necessary expenses of the United                 sions and’’.
                                            States to implement the REAL ID bill.                   States Secret Service, including purchase of
                                                                                                                                                             The Acting CHAIRMAN. Pursuant to
                                              You may not agree with the REAL ID                    not to exceed 645 vehicles for police-type use
                                                                                                    for replacement only, and hire of passenger            the order of the House of today, the
                                            bill, but our own Governor and the Fra-
                                                                                                    motor vehicles; purchase of motorcycles                gentleman from Pennsylvania (Mr.
                                            ternal Order of Police understand. This
                                                                                                    made in the United States; hire of aircraft;           DENT) and a Member opposed each will
                                            is one of those little things that don’t
                                                                                                    services of expert witnesses at such rates as          control 5 minutes.
                                            seem important, but law enforcement                     may be determined by the Director of the Se-             The Chair recognizes the gentleman
                                            and the Governor say please, this is                    cret Service; rental of buildings in the Dis-          from Pennsylvania.
                                            one of the things that local govern-                    trict of Columbia, and fencing, lighting,                Mr. DENT. Mr. Chairman, I yield my-
                                            ment can do to fulfill.                                 guard booths, and other facilities on private
                                                                                                                                                           self such time as I may consume.
                                              Mr. FARR. Will the gentleman yield?                   or other property not in Government owner-
                                              Mr. PRICE of North Carolina. I yield                  ship or control, as may be necessary to per-             I rise today to offer this amendment
                                            to the gentleman from California.                       form protective functions; payment of per              to help the United States Secret Serv-
                                              Mr. FARR. It is very interesting. I                   diem or subsistence allowances to employees            ice meet its protection obligations.
                                            am from California, and I sit on the                    where a protective assignment during the ac-             This Homeland Security appropria-
                                                                                                    tual day or days of the visit of a protectee           tions bill funds the Secret Service to
                                            committee and I have never heard from
                                                                                                    requires an employee to work 16 hours per              the tune of $1.39 billion. The plain lan-
                                            the Governor about your amendment,                      day or to remain overnight at a post of duty;
                                            nor anyone else in California. I support                                                                       guage of the bill does not specify how
                                                                                                    conduct of and participation in firearms
                                            the chairman and the ranking mem-                                                                              these moneys should be allocated as be-
                                                                                                    matches; presentation of awards; travel of
                                            ber’s opposition.                                       United States Secret Service employees on              tween the Secret Service’s protection
                                              Mr. PRICE of North Carolina. Mr.                      protective missions without regard to the              and investigative operations. However,
                                            Chairman, I yield back the balance of                   limitations on such expenditures in this or            the committee report provides that
                                            my time.                                                any other Act if approval is obtained in ad-           $849.6 million should go to protective
                                              The Acting CHAIRMAN. The ques-                        vance from the Committees on Appropria-                missions, while approximately $314.5
                                                                                                    tions of the Senate and the House of Rep-              million is allocated to investigations.
                                            tion is on the amendment offered by
                                                                                                    resentatives; research and development;                  While I sincerely commend the Ap-
                                            the gentleman from California (Mr.                      grants to conduct behavioral research in sup-
                                            BILBRAY).                                                                                                      propriations Committee for providing
                                                                                                    port of protective research and operations;
                                              The question was taken; and the Act-                  and payment in advance for commercial ac-              these funds to the Secret Service, I
                                            ing Chairman announced that the noes                    commodations as may be necessary to per-               would respectfully submit that the
                                            appeared to have it.                                    form protective functions; $1,392,171,000, of          committee has underestimated the de-
                                              Mr. BILBRAY. Mr. Chairman, I de-                      which not to exceed $25,000 shall be for offi-         mands placed upon the Service’s pro-
                                            mand a recorded vote.                                   cial reception and representation expenses:            tection mission during this Presi-
                                              The Acting CHAIRMAN. Pursuant to                      Provided, That up to $18,000,000 provided for          dential election cycle. Accordingly, my
                                                                                                    protective travel shall remain available               amendment would add approximately
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                                            clause 6 of rule XVIII, further pro-
                                                                                                    until September 30, 2009: Provided further,
                                            ceedings on the amendment offered by                                                                           $4 million to that protection function
                                                                                                    That the United States Secret Service is au-
                                            the gentleman from California will be                   thorized to obligate funds in anticipation of          from those moneys that would other-
                                            postponed.                                              reimbursements from Executive agencies, as             wise go to investigations.
                                              If there are no further amendments                    defined in section 105 of title 5, United States         This funding upgrade is required be-
                                            to this paragraph, the Clerk will read.                 Code, receiving training sponsored by the              cause of the increased responsibilities



                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000   Frm 00010   Fmt 7634   Sfmt 0634   E:\CR\FM\K14JN7.117   H14JNPT2
                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6453
                                            thrust upon the Secret Service’s pro-                   TITLE   III—PROTECTION,     PREPARED-                  $25,750,000 is for salaries and expenses; and of
                                            tection component within the last few                      NESS, RESPONSE AND RECOVERY                         which $92,183,000 is for biosurveillance,
                                            years. Before 9/11, the Secret Service                     NATIONAL PROTECTION AND PROGRAMS                    BioWatch, medical readiness planning,
                                                                                                                 DIRECTORATE                               chemical response, and other activities, to
                                            had 20 protectees. Since 9/11, that num-                                                                       remain available until September 30, 2009:
                                            ber has increased to 54. Just last                             MANAGEMENT AND ADMINISTRATION
                                                                                                                                                           Provided, That not to exceed $3,000 shall be
                                            month, the number of protectees                           For salaries and expenses of the immediate           for official reception and representation ex-
                                                                                                    Office of the Under Secretary for National
                                            reached 55 when a Presidential hopeful                                                                         penses.
                                                                                                    Protection and Programs, the National Pro-
                                            was given Secret Service protection, at                 tection Planning Office, support for oper-              FEDERAL EMERGENCY MANAGEMENT AGENCY
                                            an estimated cost of about $44,000 per                  ations, information technology, and Risk                       MANAGEMENT AND ADMINISTRATION
                                            day. This additional expenditure was                    Management and Analysis, $40,346,000: Pro-               For necessary expenses for management
                                            never considered in the President’s                     vided, That not to exceed $5,000 shall be for          and administration of the Federal Emer-
                                            budget request.                                         official reception and representation ex-              gency Management Agency, $685,000,000, in-
                                                                                                    penses.                                                cluding activities authorized by the National
                                              Now is not the time to strip $4 mil-                                                                         Flood Insurance Act of 1968 (42 U.S.C. 4001 et
                                                                                                            INFRASTRUCTURE PROTECTION AND
                                            lion from the Service’s protective mis-                              INFORMATION SECURITY                      seq.), the Robert T. Stafford Disaster Relief
                                            sions, particularly when the cost to                      For necessary expenses for infrastructure            and Emergency Assistance Act (42 U.S.C.
                                            protect Senator OBAMA for just the                      protection and information security pro-               5121 et seq.), the Earthquake Hazards Reduc-
                                            first 4 months of fiscal year 2008 are es-              grams and activities, as authorized by title           tion Act of 1977 (42 U.S.C. 7701 et seq.), the
                                            timated at $5.456 million. This amend-                  II of the Homeland Security Act of 2002 (6             Defense Production Act of 1950 (50 U.S.C.
                                                                                                    U.S.C. 121 et seq.), $532,881,000, of which            App. 2061 et seq.), sections 107 and 303 of the
                                            ment ensures that the Secret Service is                                                                        National Security Act of 1947 (50 U.S.C. 404,
                                            not bound by the report language                        $471,787,000 shall remain available until Sep-
                                                                                                    tember 30, 2009.                                       405), Reorganization Plan No. 3 of 1978 (5
                                            which would transfer $4 million from                                                                           U.S.C. App.), and the Homeland Security Act
                                                                                                         UNITED STATES VISITOR AND IMMIGRANT
                                            the Joint Operations Center relocation                                                                         of 2002 (6 U.S.C. 101 et seq.): Provided, That
                                                                                                             STATUS INDICATOR TECHNOLOGY
                                            to the field investigations account.                                                                           not to exceed $3,000 shall be for official re-
                                                                                                      For necessary expenses for the develop-              ception and representation expenses: Pro-
                                              I believe that the actions by the com-                ment of the United States Visitor and Immi-            vided further, That of the total amount made
                                            mittee have made sure that the Secret                   grant Status Indicator Technology project,             available under this heading, $35,000,000 shall
                                            Service will still be able to perform its               as authorized by section 110 of the Illegal Im-        be for Urban Search and Rescue, of which
                                            investigatory functions with its usual                  migration Reform and Immigrant Responsi-               not to exceed $1,600,000 may be made avail-
                                            skill and alacrity. In that regard, the                 bility Act of 1996 (8 U.S.C. 1365a), $462,000,000,     able for administrative costs: Provided fur-
                                                                                                    to remain available until expended: Provided,          ther, That no less than $6,000,000 shall be for
                                            committee had the foresight to provide
                                                                                                    That of the total amount made available                the Office of the National Capital Region Co-
                                            the field investigation units of the Se-                under this heading, $232,000,000 may not be
                                            cret Service a plus-up of $10.4 million                                                                        ordination.
                                                                                                    obligated for the United States Visitor and
                                                                                                                                                             AMENDMENT NO. 97 OFFERED BY MR. JINDAL
                                            over and above the amount the Presi-                    Immigrant Status Indicator Technology
                                            dent requested for investigations.                      project until the Committees on Appropria-               Mr. JINDAL. Mr. Chairman, I offer
                                                                                                    tions of the Senate and the House of Rep-              an amendment.
                                              On May 29, 2007, just a few weeks ago,                                                                         The Acting CHAIRMAN. The Clerk
                                                                                                    resentatives receive and approve a plan for
                                            the Washington Post reported that the                   expenditure prepared by the Secretary of               will designate the amendment.
                                            Secret Service was transferring agents                  Homeland Security that—                                  The text of the amendment is as fol-
                                            from investigations to security details                   (1) meets the capital planning and invest-           lows:
                                            and borrowing law enforcement officers                  ment control review requirements estab-                  Amendment No. 97 offered by Mr. JINDAL:
                                            from other Federal agencies in order to                 lished by the Office of Management and                   Page 38, line 17, after the dollar amount,
                                            meet its protection obligations. Faced                  Budget, including Circular A–11, part 7;               insert ‘‘(reduced by $5,000,000)’’.
                                            with wartime security needs, the                          (2) complies with the Department of Home-              Page 44, line 20, after the dollar amount,
                                                                                                    land Security information systems enter-               insert ‘‘(increased by $5,000,000)’’.
                                            threat of terrorism, and a field of 20                  prise architecture;
                                            Presidential contenders, the Wash-                                                                               The Acting CHAIRMAN. Pursuant to
                                                                                                      (3) complies with the acquisition rules, re-
                                            ington Post continued that the Service                  quirements, guidelines, and systems acquisi-           the order of the House of today, the
                                            was ‘‘showing signs of strain’’ even be-                tion management practices of the Federal               gentleman from Louisiana (Mr. JINDAL)
                                            fore the Department of Homeland Se-                     Government;                                            and the gentleman from North Caro-
                                            curity ordered protection for Senator                     (4) includes a certification by the Chief In-        lina (Mr. PRICE) each will control 5
                                            OBAMA. It is my hope that this amend-                   formation Officer of the Department of                 minutes.
                                                                                                    Homeland Security that an independent                    The Chair recognizes the gentleman
                                            ment will help to ease that strain and                  verification and validation agent is cur-
                                            allow this dedicated group of profes-                                                                          from Louisiana.
                                                                                                    rently under contract for the project;                   Mr. JINDAL. Mr. Chairman, as wit-
                                            sionals to keep performing at the high                    (5) is reviewed and approved by the Depart-
                                            level to which we have all become ac-                                                                          nessed in 2005, the response to Hurri-
                                                                                                    ment of Homeland Security Investment Re-
                                                                                                                                                           canes Katrina and Rita was hampered
                                            customed.                                               view Board, the Secretary of Homeland Secu-
                                                                                                    rity, and the Office of Management and                 by failure of identifying needs, and
                                              Mr. Chairman, I reserve the balance                                                                          delays in delivering support. In prepa-
                                                                                                    Budget;
                                            of my time.                                                                                                    ration for this year’s hurricane season,
                                                                                                      (6) is reviewed by the Government Ac-
                                              The Acting CHAIRMAN. Does any                         countability Office;                                   FEMA has engaged each of the 18 hur-
                                            Member wish to oppose the amend-                          (7) includes a comprehensive strategic plan          ricane impact States, including the
                                            ment?                                                   for the United States Visitor and Immigrant            Commonwealth of Puerto Rico and the
                                              Mr. DENT. Mr. Chairman, I yield                       Status Indicator Technology project;                   Territories, in a focused effort to iden-
                                            back the balance of my time.                              (8) includes a complete schedule for the
                                                                                                                                                           tify strengths and weaknesses in their
                                                                                                    full implementation of a biometric exit pro-
                                              The Acting CHAIRMAN. The ques-                        gram or a certification that such program is           preparedness capabilities.
                                            tion is on the amendment offered by                     not possible within five years; and                      FEMA used a gap analysis tool that
                                            the gentleman from Pennsylvania (Mr.                      (9) includes a detailed accounting of oper-          was developed in coordination with the
                                            DENT).                                                  ation and maintenance, contractor services,            State of New York Emergency Manage-
                                              The amendment was agreed to.                          and program costs associated with the man-             ment Office and the New York City Of-
                                                                                                    agement of identity services:                          fice of Emergency Management. This
                                              The Acting CHAIRMAN. Are there
                                                                                                    Provided further, That quarterly status re-            tool was successful in identifying
                                            any other amendments to this para-                      ports on the US–VISIT program submitted to             vulnerabilities in New York, and it is
                                            graph?                                                  the Committees on Appropriations of the                now being implemented to provide
                                              If not, the Clerk will read.                          Senate and House of Representatives shall
                                                                                                                                                           FEMA, States, and local governments
                                              The Clerk read as follows:                            include reporting on coordination with West-
                                                                                                    ern Hemisphere Travel Initiative planning              in the hurricane-prone regions of the
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                                             ACQUISITION, CONSTRUCTION, IMPROVEMENTS,               and implementation, the Secure Border Ini-             country with a snapshot of asset gaps.
                                                       AND RELATED EXPENSES                         tiative, and other Departmental efforts that             Although FEMA has not yet released
                                              For necessary expenses for acquisition,               relate to US–VISIT goals and activities.               its full analysis, the agency has found
                                            construction, repair, alteration, and im-                          OFFICE OF HEALTH AFFAIRS                    significant gaps and shortfalls in hurri-
                                            provement of facilities, $3,725,000, to remain            For the necessary expenses of the Office of          cane preparedness among the targeted
                                            available until expended.                               Health     Affairs,   $117,933,000;   of   which       areas.



                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000   Frm 00011   Fmt 7634   Sfmt 0634   E:\CR\FM\K14JN7.120   H14JNPT2
                                            H6454                                              CONGRESSIONAL RECORD — HOUSE                                                           June 14, 2007
                                              Indeed, according to recent testi-                      The gentleman is proposing to move                   agement and administration is the cor-
                                            mony before both the House and Sen-                     funds from the management and ad-                      rect account for what the gentleman is
                                            ate Homeland Security Committees,                       ministration account at FEMA to the                    talking about.
                                            FEMA Administrator David Paulison                       disaster     relief   account.    However,                             b 0015
                                            recognized Louisiana, in particular, as                 FEMA tells us and I believe this is ac-
                                            having a fragile state of recovery. He                  curate, the very account that FEMA                       We’ll need to do a little more work
                                            indicated that the State still needs as-                uses to support the activity that the                  on that. We’ll confer with you. So we
                                            sistance in finding shelter space in ad-                gentleman is interested in is the man-                 will appreciate the chance to collabo-
                                            jacent States, ensuring sufficient                      agement and administration account.                    rate going forward.
                                            transportation resources to conduct                     Now we are providing a good bit of                       Mr. JINDAL. Mr. Chairman, will the
                                            timely and effective evacuation, posi-                  money here. We are providing adequate                  gentleman yield?
                                            tioning commodities, and caring for                     funding, I believe, for identifying hur-                 Mr. PRICE of North Carolina. I yield
                                            those with critical medical needs.                      ricane-related preparedness gaps with-                 to the gentleman from Louisiana.
                                              We are already now several days into                  in the FEMA management and admin-                        Mr. JINDAL. Mr. Chairman, I want
                                            the current hurricane season, and there                 istration accounts. We are funding it at               to thank the chairman, I want to
                                            is an urgent need to assist States and                  $685 million. That is $150 million above               thank the ranking member for their
                                            local governments in addressing their                   the current fiscal year. But we don’t                  work with me, not only on this amend-
                                            hurricane preparedness weaknesses.                      want to take money from that account,                  ment, but on the stated goal of helping
                                              It makes no sense to identify but not                 particularly when it is being applied to               our States become prepared.
                                            address these gaps. My amendment                        the very purpose the gentleman identi-                   Mr. ROGERS of Kentucky. Mr. Chair-
                                            adds $5 million to the Disaster Relief                  fies.                                                  man, will the gentleman yield?
                                            Fund, specifically the Disaster Support                   So here is what I would like to sug-                   Mr. PRICE of North Carolina. I yield
                                            Account, to enable FEMA to begin as-                    gest, Mr. Chairman. If the gentleman                   to the gentleman from Kentucky.
                                            sisting these States and local govern-                  would be willing to withdraw the                         Mr. ROGERS of Kentucky. Mr. Chair-
                                            ments by strengthening their prepared-                  amendment, I would certainly be happy                  man, I just wanted to compliment the
                                            ness capabilities.                                      to work with him to ensure that FEMA                   gentleman. He’s been very hard work-
                                              The initiative would build upon a                     is fulfilling its responsibilities on iden-            ing on these whole issues, and I appre-
                                            joint effort between State Emergency                    tifying preparedness gaps related to                   ciate him bringing this to our atten-
                                            Management         representatives   and                hurricanes.                                            tion and appreciate the chairman being
                                            FEMA regional representatives to un-                      The season is approaching, and we                    willing to listen further to your re-
                                            derstand and bridge potential disaster                  need to assure ourselves about that. I                 quest.
                                            response asset gaps in the critical area                fully appreciate that goal. And as the                   Mr. PRICE of North Carolina. Mr.
                                            of debris removal, evacuation, shel-                    conference approaches, if there are fur-               Chairman, I yield back my time.
                                            tering, interim housing, health care fa-                ther ways that we can address this, we                   Mr. JINDAL. Mr. Chairman, I ask
                                            cilities, commodity distribution, com-                  should. But I do suggest that the                      unanimous consent to withdraw the
                                            munications, fuel, or other vulnera-                    amendment be withdrawn because I                       amendment.
                                            bilities intrinsic to those areas.                      think there needs to be some further                     The Acting CHAIRMAN. Without ob-
                                              The $5 million would be offset by a                   investigation of exactly which ac-                     jection, the amendment is withdrawn.
                                            reduction in FEMA management and                        counts we are talking about to perform                   There was no objection.
                                            administration. The underlying bill al-                 the functions that the gentleman is                      The Acting CHAIRMAN. The Clerk
                                            locates $685 million for this purpose,                  concerned about.                                       will read.
                                            which is $17 million above the re-                        Mr. JINDAL. Mr. Chairman, will the                     The Clerk read as follows:
                                            quested amount from the administra-                     gentleman yield?                                                 STATE AND LOCAL PROGRAMS
                                            tion.                                                     Mr. PRICE of North Carolina. I yield                   For grants, contracts, cooperative agree-
                                              In my State, levees and floodwalls                    to the gentleman from Louisiana.                       ments, and other activities, including grants
                                            are still under repair and thousands of                   Mr. JINDAL. I certainly appreciate                   to State and local governments for terrorism
                                            disaster victims are still housed in                    the chairman’s support. Based on his                   prevention activities, notwithstanding any
                                                                                                                                                           other provision of law, $3,101,000,000, which
                                            temporary travel trailers. Louisiana                    commitment, I would like to work with
                                                                                                                                                           shall be allocated as follows:
                                            and other impacted States cannot af-                    him.                                                     (1) $550,000,000 for formula-based grants and
                                            ford to exacerbate vulnerabilities with                   My concern is in talking to FEMA,                    $400,000,000 for law enforcement terrorism
                                            shortfalls in emergency planning, com-                  they didn’t think that funds had been                  prevention grants pursuant to section 1014 of
                                            munication and supplies. It is impera-                  allocated to actually act on the gaps                  the USA PATRIOT ACT (42 U.S.C. 3714): Pro-
                                            tive that we provide the resources nec-                 that have been identified. I know that                 vided, That the application for grants shall
                                            essary to protect the lives of our citi-                in previous instances, we have used                    be made available to States within 45 days
                                            zens. Hurricanes Katrina and Rita dem-                  this account, the disaster support ac-                 after the date of enactment of this Act; that
                                                                                                    count, with the disaster relief fund, we               States shall submit applications within 90
                                            onstrated the awful consequences of
                                                                                                                                                           days after the grant announcement; and the
                                            not being prepared before the next nat-                 have used that for support activities                  Federal Emergency Management Agency
                                            ural disaster.                                          previously to support disasters; for ex-               shall act within 90 days after receipt of an
                                              I urge my colleagues to support my                    ample, the National Processing Service                 application: Provided further, That not less
                                            amendment.                                              Center.                                                than 80 percent of any grant under this para-
                                              Mr. Chairman, I reserve the balance                     My intent was to make sure that                      graph to a State or to Puerto Rico shall be
                                            of my time.                                             there was actually funding to act on                   made available by the State or Puerto Rico
                                              Mr. PRICE of North Carolina. Mr.                      these gaps. Again in our conversations                 to local governments within 60 days after the
                                            Chairman, I rise in opposition to the                   with FEMA staff, it had been expressed                 receipt of the funds.
                                            gentleman’s amendment, but I rise                                                                                (2) $1,858,000,000 for discretionary grants, as
                                                                                                    to us they hadn’t identified funding to
                                                                                                                                                           determined by the Secretary of Homeland
                                            mainly to raise questions with him and                  address these gaps. It is not important                Security, of which—
                                            see if we can’t work something out on                   to me which fund it comes out of. I                      (A) $800,000,000 shall be for use in high-
                                            this because I very much identify with                  want to make sure that there is fund-                  threat, high-density urban areas;
                                            what he is trying to achieve here. After                ing and that FEMA understands it is                      (B) $400,000,000 shall be for port security
                                            all, North Carolina is very hurricane-                  congressional intent for them to actu-                 grants pursuant to section 70107 of title 46,
                                            prone.                                                  ally act on these gaps now that they                   United States Code;
                                              We certainly support your goals, sup-                 have been identified.                                    (C) $10,000,000 shall be for trucking indus-
                                            port the gentleman’s goals in building                                                                         try security grants;
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                                                                                                      Mr. PRICE of North Carolina. I can
                                                                                                                                                             (D) $11,000,000 shall be for intercity bus se-
                                            up preparedness. But I believe moving                   assure the gentleman, Mr. Chairman,                    curity grants;
                                            money around within FEMA, as the                        that I will work with him in commu-                      (E) $400,000,000 shall be for intercity rail
                                            gentleman has proposed, is unlikely to                  nicating that priority.                                passenger transportation (as defined in sec-
                                            achieve the goal. Let me explain why I                    We have also had our staff in con-                   tion 24102 of title 49, United States Code),
                                            think that is so.                                       sultations, and we are told that man-                  freight rail, and transit security grants;




                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000   Frm 00012   Fmt 7634   Sfmt 0634   E:\CR\FM\K14JN7.123   H14JNPT2
                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                               H6455
                                              (F) $50,000,000 shall be for buffer zone pro-           The Acting CHAIRMAN. Pursuant to                     munities continue to benefit from this
                                            tection grants;                                         the order of the House of today, the                   direct assistance program. The pro-
                                              (G) $20,000,000 shall be for Commercial               gentleman from Kentucky (Mr. DAVIS)                    posed cut I believe is a terrible mes-
                                            Equipment Direct Assistance grants;
                                                                                                    and a Member opposed each will con-                    sage for the new Congress to send to
                                              (H) $50,000,000 shall be for Metropolitan
                                            Medical Response System grants;                         trol 5 minutes.                                        rural and small communities who ben-
                                              (I) $17,000,000 shall be for Citizen Corps              The Chair recognizes the gentleman                   efit directly from this program despite
                                            grants;                                                 from Kentucky.                                         the soundness of the underlying overall
                                              (J) $50,000,000 shall be for interoperable              Mr. DAVIS of Kentucky. Mr. Chair-                    bill.
                                            communications grants; and                              man, I rise today to offer an amend-                     With funding at the $50 million level,
                                              (K) $50,000,000 shall be for Real ID grants           ment to restore funding that directly                  the Department issued approximately
                                            pursuant to Public Law 109–13:                          impacts the emergency response capa-                   1,800 CEDAP grants in fiscal year 2006
                                            Provided, That for grants under subparagraph            bilities of rural and small community                  to small town and rural community po-
                                            (A), the application for grants shall be made           first responders.                                      lice departments, fire departments,
                                            available to States within 45 days after the              The Commercial Equipment Direct                      EMS units, sheriff departments, cities,
                                            date of enactment of this Act; that States              Assistance Program, or CEDAP, is a
                                            shall submit applications within 90 days
                                                                                                                                                           towns, counties, universities and oth-
                                                                                                    critical resource for equipping first re-              ers. If this $20 million number stands
                                            after the grant announcement; and that the              sponders in rural and small commu-
                                            Federal Emergency Management Agency                                                                            for fiscal year 2008, this Congress will
                                            shall act within 90 days after receipt of an
                                                                                                    nities around the country, especially in               likely be cutting these rural and small
                                            application: Provided further, That no less             America’s heartland. For each of the                   town grants from roughly 1,800 to 720.
                                            than 80 percent of any grant under this para-           last 3 fiscal years, Congress has wisely               This is the wrong direction for this
                                            graph to a State shall be made available by             provided $50 million for CEDAP.                        Congress and for this important home-
                                            the State to local governments within 60                CEDAP is designed to help first re-                    land security program, just as the fis-
                                            days after the receipt of the funds: Provided           sponders in small and rural commu-                     cal year 2007 application process is
                                            further, That for grants under subparagraphs            nities to purchase much-needed equip-
                                            (B) through (K), the applications for such                                                                     under way.
                                                                                                    ment.                                                    The committee increased funding for
                                            grants shall be made available for competi-               This year’s bill would cut that fund-
                                            tive award to eligible applicants not later                                                                    urban grants by $50 million for a total
                                                                                                    ing by 60 percent, but increases other
                                            than 75 days after the date of enactment of                                                                    of $800 million. Certainly we can main-
                                            this Act, that eligible applicants shall sub-
                                                                                                    grant programs by over $2.6 billion. It
                                                                                                                                                           tain CEDAP for rural communities at a
                                            mit applications not later than 45 days after           would cut from $50 million in last
                                                                                                                                                           level of $50 million, instead of cutting
                                            the date of the grant announcement, and                 year’s CEDAP funding to only $20 mil-
                                                                                                                                                           it 60 percent. In this year’s bill, fund-
                                            that the Federal Emergency Management                   lion this year. It’s also worth noting
                                                                                                                                                           ing for a majority of programs is
                                            Agency shall act on such applications not               that the House-passed bill for fiscal
                                            later than 60 days after the date on which              year 2007 would have provided $75 mil-                 hugely increased, including important
                                            such an application is received.                        lion, a 50 percent increase to assist our              urban programs. I mentioned before
                                              (3) $293,000,000 for training, exercises, tech-       small cities and rural communities.                    $2.6 billion of critical grant increases
                                            nical assistance, and other programs:                     My amendment will restore funding                    while cutting this one by 60 percent.
                                            Provided, That none of the grants provided              for this vital program to $50 million.                   My amendment would only reduce
                                            under this heading shall be used for the con-           To offset this funding increase, my                    these programs by $5 million. While the
                                            struction or renovation of facilities, except                                                                  increases are important, the com-
                                            for emergency operations centers: Provided
                                                                                                    amendment would take $5 million from
                                                                                                    each of six other very large grant pro-                mittee has unreasonably targeted the
                                            further, That the preceding proviso shall not                                                                  CEDAP account for a 60 percent cut,
                                            apply to grants under subparagraphs (B), (C),           grams, totaling a $2.6 billion increase
                                                                                                    in grant security spending overall,                    while finding hundreds of millions of
                                            (D), (F), (G), (H), (I), (J), and (K) of paragraph
                                            (2) of this heading: Provided further, That             each of which will still receive a mas-                dollars in new spending.
                                            grantees shall provide additional reports on            sive increase over last year, even if my                 Mr. Chairman, I reserve the balance
                                            their use of funds, as determined necessary             amendment is adopted.                                  of my time.
                                            by the Secretary of Homeland Security: Pro-               By only approving $20 million in this                  Mr. PRICE of North Carolina. Mr.
                                            vided further, That funds appropriated for law          year’s bill, we risk severely impacting                Chairman, I move to strike the last
                                            enforcement terrorism prevention grants                 the capabilities for emergency response                word.
                                            under paragraph (1) of this heading and dis-                                                                     I rise to thank the gentleman for his
                                            cretionary grants under paragraph (2)(A) of
                                                                                                    in our small and rural communities. In
                                                                                                    addition, CEDAP is a program with a                    amendment and indicate that I’m hope-
                                            this heading shall be available for oper-
                                                                                                    proven track record of accountability                  ful we can work with him on this
                                            ational costs, including personnel overtime
                                            and overtime associated with certified train-           and success.                                           CEDAP program. I certainly support it.
                                            ing, as needed.                                           While the committee responsibly pro-                 Many on our side of the aisle support
                                                 AMENDMENT OFFERED BY MR. DAVIS OF                  posed increasing State and local grant                 it. We understand the value that it pro-
                                                                KENTUCKY                            programs by hundreds of millions of                    vides for rural communities in need of
                                              Mr. DAVIS of Kentucky. Mr. Chair-                     dollars and anticipates this will benefit              emergency response equipment.
                                            man, I offer an amendment.                              some of these same communities, that                     We were frankly surprised that the
                                              The Acting CHAIRMAN. The Clerk                        result is no means a guarantee. CEDAP                  President zeroed out this program. We
                                            will designate the amendment.                           is designed to guarantee that our small                think that was unwise. As the gen-
                                              The text of the amendment is as fol-                  communities receive needed first re-                   tleman has stated, we restored the
                                            lows:                                                   sponder equipment. And I believe it’s                  CEDAP program to $20 million, but we
                                              Amendment offered by Mr. DAVIS of Ken-                our mandate from Congress to assure                    were faced with the challenge of need-
                                            tucky:                                                  that small communities are protected.                  ing to work on a number of the grant
                                              Page 39, line 14, after the dollar amount in-           The committee report says it expects                 programs to bring them up to the lev-
                                            sert ‘‘(increased by $5,000,000)’’                      overall increased funding to benefit the               els needed.
                                              Page 39, line 16, after the dollar amount in-         CEDAP communities, but that is not                       The gentleman presumably not
                                            sert ‘‘(reduced by $5,000,000)’’.                       guaranteed in statute. We must not cut                 knowing quite where else to turn has
                                              Page 39, line 17, after the dollar amount in-
                                                                                                    this critical funding.                                 proposed reducing some of those pro-
                                            sert ‘‘(reduced by $5,000,000)’’.
                                              Page 40, line 5, after the dollar amount in-            If my amendment is adopted, the                      grams to make up the difference here
                                            sert ‘‘(increased by $15,000,000)’’.                    House will affirm its commitment to                    with CEDAP. Some of those offsets
                                              Page 40, line 8, after the dollar amount in-          safety and prosperity of our rural com-                we’re not particularly happy with, the
                                            sert ‘‘(reduced by $5,000,000)’’.                       munities, without severely burdening                   State grants, the fire grants, the port
                                              Page 40, line 10, after the dollar amount in-         any other program. Each of the pro-                    security grants and so forth.
                                            sert ‘‘(reduced by $5,000,000)’’.                                                                                So it’s a difficult problem. The gen-
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                                                                                                    grams selected as a part of this offset
                                              Page 40, line 17, after the dollar amount in-                                                                tleman knows quite well that this pro-
                                            sert ‘‘(reduced by $5,000,000)’’.
                                                                                                    would still receive a massive increase
                                              Page 40, line 23, after the dollar amount in-         over last year’s enacted amount if my                  gram has strong support in this House.
                                            sert ‘‘(increased by $30,000,000)’’.                    amendment is adopted.                                  I’m well aware of that. It has strong
                                              Page 42, line 25, after each dollar amount              The House should maintain level                      support in the other body. We will be
                                            insert ‘‘(reduced by $5,000,000)’’.                     funding for CEDAP to ensure that com-                  going to conference and trying to come



                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000   Frm 00013   Fmt 7634   Sfmt 0634   E:\CR\FM\A14JN7.047   H14JNPT2
                                            H6456                                              CONGRESSIONAL RECORD — HOUSE                                                             June 14, 2007
                                            to an understanding of what level we                    close to 4,000 awards in fiscal 2005 and               shall be available to carry out section 33 of
                                            can afford here and what level is wise.                 2006, another 2,000 awards for fiscal                  that Act (15 U.S.C. 2229) and $230,000,000 shall
                                              So while I can’t support the amend-                   2007.                                                  be available to carry out section 34 of that
                                            ment in its present form, I certainly                                                                          Act (15 U.S.C. 2229a), to remain available
                                                                                                      There is some report language in the                 until September 30, 2009: Provided, That not
                                            don’t want to downplay the challenge                    bill that changes how the program is                   to exceed 5 percent of the amount available
                                            here, and I want to assure the gen-                     run from a direct assistance program                   under this heading shall be available for pro-
                                            tleman that going forward we’re aware                   to a grant program. I don’t necessarily                gram administration.
                                            of this need. We’re aware of his concern                agree with that, but I think it is very                       EMERGENCY MANAGEMENT PERFORMANCE
                                            in particular, and we will work very                    important to get the level of funding                                      GRANTS
                                            hard to address it.                                     back to the 2007 level of $50 million.                   For necessary expenses for emergency
                                              Mr. DAVIS of Kentucky. Mr. Chair-                       Listen to what some of the local                     management performance grants, as author-
                                            man, will the gentleman yield?                          communities say about this program:                    ized by the National Flood Insurance Act of
                                              Mr. PRICE of North Carolina. I yield                  ‘‘Your program is one of the absolutely                1968 (42 U.S.C. 4001 et seq.), the Robert T.
                                            to the gentleman from Kentucky.                                                                                Stafford Disaster Relief and Emergency As-
                                                                                                    best run and organized programs I have                 sistance Act (42 U.S.C. 5121 et seq.), the
                                              Mr. DAVIS of Kentucky. Mr. Chair-                     ever seen in the rescue service. The
                                            man, I respect greatly the work of the                                                                         Earthquake Hazards Reduction Act of 1977
                                                                                                    equipment you offer to emergency re-                   (42 U.S.C. 7701 et seq.), and Reorganization
                                            chairman and the ranking member to                      sponders for homeland security is right                Plan No. 3 of 1978 (5 U.S.C. App.), $300,000,000:
                                            craft I think a very strong bill overall.               on target for our needs in the field.’’                Provided, That grants provided under this
                                              We face problems in protecting our                                                                           heading shall be distributed based on the for-
                                                                                                      Another one says: ‘‘The CEDAP pro-
                                            rural communities. I believe the three                                                                         mula used by the Department of Homeland
                                                                                                    gram has allowed us to obtain, train
                                            of us all have many rural communities                                                                          Security in fiscal year 2007: Provided further,
                                                                                                    with, and deploy an essential fire fight-
                                            that face challenges. Working in an-                                                                           That total administrative costs shall not ex-
                                                                                                    ing tool that we would have otherwise                  ceed 3 percent of the total amount appro-
                                            other committee, we’ve faced chal-
                                                                                                    not have had available to us.’’                        priated under this heading.
                                            lenges in protecting rural housing
                                                                                                      Another one says: ‘‘This award rep-                     RADIOLOGICAL EMERGENCY PREPAREDNESS
                                            grants for affordable housing programs
                                                                                                    resents a purchase that would have not                                  PROGRAM
                                            to make sure they’re not subsumed by
                                                                                                    been possible for my agency. Thank                       The aggregate charges assessed during fis-
                                            the large urban areas in the States.
                                              And I’d ask the gentleman if he                       you for giving us this ability.’’                      cal year 2008, as authorized in title III of the
                                            would consider in this conference proc-                   So, Mr. Chairman, this is a popular                  Departments of Veterans Affairs and Hous-
                                                                                                    program. It is effective. It helps com-                ing and Urban Development, and Inde-
                                            ess finding a way to segment or pro-                                                                           pendent Agencies Appropriations Act, 1999
                                            tect, if not in the form directly of the                munities that otherwise are not get-
                                                                                                    ting help and there’s no other place for               (42 U.S.C. 5196e), shall not be less than 100
                                            CEDAP dollars, but to make sure that                                                                           percent of the amount the Secretary of
                                            a mechanism is considered to protect                    them to turn. So I urge our colleagues                 Homeland Security anticipates is necessary
                                            our rural communities and small towns                   to support the gentleman’s amendment                   for the radiological emergency preparedness
                                            to have access to this needed equip-                    and restore funding for this worthwhile                program of the Department of Homeland Se-
                                            ment.                                                   program to the previous year’s level                   curity for the next fiscal year: Provided, That
                                              Mr. PRICE of North Carolina. Re-                      and the level it was set at in 2005 and                the methodology for the assessment and col-
                                                                                                    every year since.                                      lection of fees shall be fair and equitable and
                                            claiming my time, I most certainly do                                                                          shall reflect the cost of providing such serv-
                                            make that pledge to you both in terms                     And I want to congratulate Mr.
                                                                                                                                                           ices, including the administrative cost of
                                            of looking at the CEDAP dollars and                     DAVIS for bringing this amendment for-                 collecting such fees: Provided further, That
                                            also in terms of finding other ways                     ward. It’s thoughtful, it is needed, and               fees received under this heading shall be de-
                                            that we can address this need.                          it fits the bill; and I congratulate the               posited in this account as offsetting collec-
                                              Mr. ROGERS of Kentucky. Mr. Chair-                    gentleman and support his amendment.                   tions and shall become available for author-
                                            man, I move to strike the last word.                      Mr. DAVIS of Kentucky. Mr. Chair-                    ized purposes on October 1, 2008, and remain
                                              I want to first thank the chairman                    man, I yield myself such time as I may                 available until expended.
                                            for including $20 million in this pro-                  consume.                                                       UNITED STATES FIRE ADMINISTRATION
                                            gram when it was zeroed out in the                        I thank the gentleman from Ken-                        For necessary expenses of the United
                                            budget request and also to congratu-                    tucky, I thank the chairman for their                  States Fire Administration and for other
                                                                                                    work on this and the commitment to                     purposes, as authorized by the Federal Fire
                                            late my colleague from Kentucky (Mr.
                                                                                                                                                           Prevention and Control Act of 1974 (15 U.S.C.
                                            DAVIS) for this amendment which I                       work on this problem.
                                                                                                                                                           2201 et seq.) and the Homeland Security Act
                                            strongly support.                                         The real issue is not the superficial                of 2002 (6 U.S.C. 101 et seq.), $43,300,000.
                                              It increases the funds for this CEDAP                 presenting question itself in the form                                    DISASTER RELIEF
                                            program by $30 million to get it back                   that it takes, but ensuring that our                     For necessary expenses in carrying out the
                                            up to the historic funding level of $50                 small towns, our rural communities                     Robert T. Stafford Disaster Relief and Emer-
                                            million. That’s what we’ve always had                   have access to these funds in some kind                gency Assistance Act (42 U.S.C. 5121 et seq.),
                                            in this program. In fact, Mr. Chairman,                 of a manner that can be protected. For                 $1,700,000,000, to remain available until ex-
                                            this program was created by this sub-                   example, in my district along the Ohio                 pended.
                                            committee in fiscal year 2005, and the                  Valley, in fact many districts, small                    DISASTER ASSISTANCE DIRECT LOAN PROGRAM
                                            reason was we found that a lot of small                 towns sit aside critical infrastructure,                                 ACCOUNT
                                            towns and small communities were not                    locks, dams, chemical plants, other                      For activities under section 319 of the Rob-
                                            being able to get grants out of their                   areas that could be vulnerable to                      ert T. Stafford Disaster Relief and Emer-
                                            State allocations or these other grant                  threats, and they are the only means of                gency Assistance Act (42 U.S.C. 5162),
                                                                                                                                                           $875,000, of which $580,000 is for administra-
                                            programs because the moneys were                        response. And by having this access, it
                                                                                                                                                           tive expenses to carry out the direct loan
                                            being consumed by the larger cities.                    will protect them.                                     program under that section and $295,000 is for
                                            And this was the only way we could                        With that commitment, I thank both                   the cost of direct loans: Provided, That gross
                                            find to get money directly to those                     the ranking member and the chairman.                   obligations for the principal amount of di-
                                            smaller communities.                                      Mr. Chairman, I ask unanimous con-                   rect loans under that section shall not ex-
                                              These are not grants that go to the                   sent to withdraw my amendment.                         ceed $25,000,000: Provided further, That the
                                            State. These grants go directly from                      The Acting CHAIRMAN. Without ob-                     cost of a modification of such a loan shall be
                                            here to the local community, designed                   jection, the gentleman’s amendment is                  as defined in section 502(5)(D) of the Congres-
                                            to target those areas that may not di-                  withdrawn.                                             sional Budget Act of 1974 (2 U.S.C. 661a).
                                                                                                                                                                    FLOOD MAP MODERNIZATION FUND
                                            rectly benefit from the large amounts                     There was no objection.
                                            of grant funding because of competing                     The Acting CHAIRMAN. The Clerk                         For necessary expenses under section 1360
                                                                                                                                                           of the National Flood Insurance Act of 1968
mstockstill on PROD1PC66 with HOUSE




                                            priorities within the States or larger                  will read.
                                                                                                                                                           (42 U.S.C. 4101), $230,000,000, and such addi-
                                            urban areas. It gets basic first re-                      The Clerk read as follows:                           tional sums as may be provided by State and
                                            sponder equipment into all first re-                            FIREFIGHTER ASSISTANCE GRANTS                  local governments or other political subdivi-
                                            sponder hands.                                            For grants authorized by the Federal Fire            sions for cost-shared mapping activities
                                              And it’s been one of the most suc-                    Prevention and Control Act of 1974 (15 U.S.C.          under subsection (f) of such section, to re-
                                            cessful programs DHS has run. It made                   2201 et seq.), $800,000,000, of which $570,000,000     main available until expended: Provided,




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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6457
                                            That total administrative costs shall not ex-           That collections made pursuant to 8 U.S.C.                    DOMESTIC NUCLEAR DETECTION OFFICE
                                            ceed 3 percent of the total amount appro-               1356(u) may not be obligated until the Com-                    MANAGEMENT AND ADMINISTRATION
                                            priated under this heading.                             mittees on Appropriations of the Senate and              For salaries and expenses of the Domestic
                                                   NATIONAL FLOOD INSURANCE FUND                    the House of Representatives, and the Com-             Nuclear Detection Office as authorized by
                                                    (INCLUDING TRANSFER OF FUNDS)                   mittee on the Judiciary of the House of Rep-           the second title XVIII of the Homeland Secu-
                                                                                                    resentatives, receive a strategic trans-               rity Act of 2002 and for management and ad-
                                              For activities under the National Flood In-
                                                                                                    formation plan for United States Citizenship           ministration of programs and activities,
                                            surance Act of 1968 (42 U.S.C. 4001 et seq.) and
                                                                                                    and Immigration Services that has been re-
                                            the Flood Disaster Protection Act of 1973 (42                                                                  $31,176,000: Provided, That not to exceed $3,000
                                                                                                    viewed and approved by the Secretary of
                                            U.S.C. 4001 et seq.), $145,000,000, which is                                                                   shall be for official reception and representa-
                                                                                                    Homeland Security and reviewed by the Gov-
                                            available as follows: (1) not to exceed                                                                        tion expenses.
                                                                                                    ernment Accountability Office.
                                            $45,642,000 for salaries and expenses associ-                                                                    RESEARCH, DEVELOPMENT, AND OPERATIONS
                                            ated with flood mitigation and flood insur-                 FEDERAL LAW ENFORCEMENT TRAINING
                                                                                                                      CENTER                                 For necessary expenses for radiological and
                                            ance operations; and (2) no less than                                                                          nuclear research, development, testing, eval-
                                            $99,358,000 for flood hazard mitigation, which                       SALARIES AND EXPENSES
                                                                                                                                                           uation and operations, $316,900,000, to remain
                                            shall be derived from offsetting collections               For necessary expenses of the Federal Law           available until expended.
                                            assessed and collected under section 1307 of            Enforcement Training Center under section
                                                                                                                                                                         SYSTEMS ACQUISITION
                                            the National Flood Insurance Act of 1968 (42            884 of the Homeland Security Act of 2002 (6
                                            U.S.C. 4014), to remain available until Sep-            U.S.C. 464), including materials and support             For expenses for the Domestic Nuclear De-
                                            tember 30, 2009, including up to $34,000,000 for        costs of Federal law enforcement basic train-          tection Office acquisition and deployment of
                                            flood mitigation expenses under section 1366            ing; purchase of not to exceed 117 vehicles for        radiological detection systems in accordance
                                            of that Act (42 U.S.C. 4104c), which shall be           police-type use and hire of passenger motor            with the global nuclear detection architec-
                                            available for transfer to the National Flood            vehicles; expenses for student athletic and            ture, $168,000,000, to remain available until
                                            Mitigation Fund under section 1367 of that              related activities; the conduct of and partici-        September 30, 2010: Provided, That none of
                                            Act (42 U.S.C. 4104) until September 30, 2009:          pation in firearms matches and presentation            the funds appropriated under this heading
                                            Provided, That any additional fees collected            of awards; public awareness and enhance-               shall be obligated for full-scale procurement
                                            pursuant to section 1307 of that Act shall be           ment of community support of law enforce-              of Advanced Spectroscopic Portal Monitors
                                            credited as an offsetting collection to this            ment training; room and board for student              until the Secretary of Homeland Security
                                            account, to be available for flood hazard               interns; a flat monthly reimbursement to               submits to the Committees on Appropria-
                                            mitigation expenses: Provided further, That             employees authorized to use personal mobile            tions of the Senate and the House of Rep-
                                            in fiscal year 2008, no funds shall be available        phones for official duties; and services as au-        resentatives a report certifying that a sig-
                                            from the National Flood Insurance Fund                  thorized by section 3109 of title 5, United            nificant increase in operational effectiveness
                                            under section 1310 of that Act (42 U.S.C. 4017)         States Code, $219,786,000, of which up to              will be achieved by that procurement.
                                            in excess of: (1) $70,000,000 for operating ex-         $43,910,000 shall remain available until Sep-               TITLE V—GENERAL PROVISIONS
                                            penses; (2) $773,772,000 for commissions and            tember 30, 2008 for materials and support                SEC. 501. No part of any appropriation con-
                                            taxes of agents; (3) such sums as are nec-              costs of Federal law enforcement basic train-          tained in this Act shall remain available for
                                            essary for interest on Treasury borrowings;             ing; of which $300,000 shall remain available          obligation beyond the current fiscal year un-
                                            and (4) $90,000,000 for flood mitigation ac-            until expended for Federal law enforcement             less expressly so provided herein.
                                            tions with respect to severe repetitive loss            agencies participating in training accredita-            SEC. 502. Subject to the requirements of
                                            properties under section 1361A of that Act (42          tion, to be distributed as determined by the           section 503 of this Act, the unexpended bal-
                                            U.S.C. 4102a) and repetitive insurance claims           Federal Law Enforcement Training Center                ances of prior appropriations provided for ac-
                                            properties under section 1323 of that Act (42           for the needs of participating agencies; and           tivities in this Act may be transferred to ap-
                                            U.S.C. 4030), which shall remain available              of which not to exceed $12,000 shall be for of-        propriation accounts for such activities es-
                                            until expended: Provided further, That total            ficial reception and representation expenses:          tablished pursuant to this Act: Provided,
                                            administrative costs shall not exceed 4 per-            Provided, That section 1202(a) of Public Law           That balances so transferred may be merged
                                            cent of the total appropriation.                        107–206 (42 U.S.C. 3771 note) is amended by            with funds in the applicable established ac-
                                                   NATIONAL FLOOD MITIGATION FUND                   striking ‘‘December 31, 2007’’ and inserting           counts and thereafter may be accounted for
                                                    (INCLUDING TRANSFER OF FUNDS)                   ‘‘December 31, 2008’’.                                 as one fund for the same time period as origi-
                                              Notwithstanding subparagraphs (B) and (C)               ACQUISITION, CONSTRUCTION, IMPROVEMENTS,             nally enacted.
                                            of subsection (b)(3), and subsection (f), of sec-                    AND RELATED EXPENSES                        SEC. 503. (a) None of the funds provided by
                                            tion 1366 of the National Flood Insurance Act             For acquisition of necessary additional              this Act, provided by previous appropriations
                                            of 1968 (42 U.S.C. 4104c), $34,000,000, to remain       real property and facilities, construction,            Acts to the agencies in or transferred to the
                                            available until September 30, 2009, for activi-         and ongoing maintenance, facility improve-             Department of Homeland Security that re-
                                            ties designed to reduce the risk of flood dam-          ments, and related expenses of the Federal             main available for obligation or expenditure
                                            age to structures pursuant to such Act, of              Law      Enforcement     Training     Center,          in fiscal year 2008, or provided from any ac-
                                            which $34,000,000 shall be derived from the             $43,270,000, to remain available until ex-             counts in the Treasury of the United States
                                            National Flood Insurance Fund under sec-                pended: Provided, That the Center is author-           derived by the collection of fees available to
                                            tion 1310 of that Act (42 U.S.C. 4017).                 ized to accept reimbursement to this appro-            the agencies funded by this Act, shall be
                                               NATIONAL PRE-DISASTER MITIGATION FUND                priation from Government agencies request-             available for obligation or expenditure
                                              For a predisaster mitigation grant pro-               ing the construction of special use facilities.        through a reprogramming of funds that: (1)
                                            gram under title II of the Robert T. Stafford                      SCIENCE AND TECHNOLOGY                      creates a new program; (2) eliminates a pro-
                                            Disaster Relief and Emergency Assistance                                                                       gram, project, office, or activity; (3) in-
                                                                                                           MANAGEMENT AND ADMINISTRATION
                                            Act (42 U.S.C. 5131 et seq.), $120,000,000, to re-                                                             creases funds for any program, project, or ac-
                                                                                                      For salaries and expenses of the Office of           tivity for which funds have been denied or
                                            main available until expended: Provided,                the Under Secretary for Science and Tech-
                                            That grants made for predisaster mitigation                                                                    restricted by the Congress; (4) proposes to
                                                                                                    nology and for management and administra-              use funds directed for a specific activity by
                                            shall be awarded on a competitive basis sub-
                                                                                                    tion of programs and activities, as author-            either of the Committees on Appropriations
                                            ject to the criteria in section 203(g) of such
                                                                                                    ized by title III of the Homeland Security             of the Senate or House of Representatives for
                                            Act (42 U.S.C. 5133(g)): Provided further, That
                                                                                                    Act of 2002 (6 U.S.C. 181 et seq.), $130,787,000:      a different purpose; or (5) enters into a con-
                                            the total administrative costs associated
                                                                                                    Provided, That not to exceed $10,000 shall be          tract for the performance of any function or
                                            with such grants shall not exceed 3 percent
                                                                                                    for official reception and representation ex-          activity for which funds have been appro-
                                            of the total amount made available under
                                                                                                    penses.                                                priated for Federal full-time equivalent posi-
                                            this heading.
                                                                                                      RESEARCH, DEVELOPMENT, ACQUISITION AND               tions; unless the Committees on Appropria-
                                                    EMERGENCY FOOD AND SHELTER
                                                                                                                        OPERATIONS                         tions of the Senate and the House of Rep-
                                              To carry out an emergency food and shel-
                                                                                                      For necessary expenses for science and               resentatives are notified 15 days in advance
                                            ter program pursuant to title III of the
                                                                                                    technology research, including advanced re-            of such reprogramming of funds.
                                            McKinney-Vento Homeless Assistance Act
                                                                                                    search projects; development; test and eval-             (b) None of the funds provided by this Act,
                                            (42 U.S.C. 11331 et seq.), $153,000,000, to re-
                                                                                                    uation; acquisition; and operations; as au-            provided by previous appropriations Acts to
                                            main available until expended: Provided,
                                                                                                    thorized by title III of the Homeland Secu-            the agencies in or transferred to the Depart-
                                            That total administrative costs shall not ex-
                                                                                                    rity Act of 2002 (6 U.S.C. 181 et seq.);               ment of Homeland Security that remain
                                            ceed 3.5 percent of the total amount made
                                                                                                    $646,325,000, to remain available until ex-            available for obligation or expenditure in fis-
                                            available under this heading.
                                                                                                    pended: Provided, That none of the funds               cal year 2008, or provided from any accounts
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                                            TITLE IV—RESEARCH AND DEVELOP-                          made available under this heading shall be             in the Treasury of the United States derived
                                                MENT, TRAINING, AND SERVICES                        obligated for the Analysis, Dissemination,             by the collection of fees available to the
                                            UNITED STATES CITIZENSHIP AND IMMIGRATION               Visualization, Insight, and Semantic En-               agencies funded by this Act, shall be avail-
                                                              SERVICES                              hancement program until the Secretary of               able for obligation or expenditure for pro-
                                              For necessary expenses for citizenship and            Homeland Security completes a Privacy Im-              grams, projects, or activities through a re-
                                            immigration services, $30,000,000: Provided,            pact Assessment.                                       programming of funds in excess of $5,000,000




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                                            H6458                                              CONGRESSIONAL RECORD — HOUSE                                                          June 14, 2007
                                            or 10 percent, whichever is less, that: (1) aug-        in excess of $1,000,000, or to announce pub-           that the Secretary will certify the program
                                            ments existing programs, projects, or activi-           licly the intention to make such awards, un-           under subsection (a); and (2) the method-
                                            ties; (2) reduces by 10 percent or more the             less the Secretary of Homeland Security no-            ology to be followed to support the Sec-
                                            total amount of funding for any existing pro-           tifies the Committees on Appropriations of             retary’s certification, as required under sub-
                                            gram, project, or activity, or numbers of per-          the Senate and the House of Representatives            section (a).
                                            sonnel by 10 percent or more as approved by             at least three full business days in advance:            (d) During the testing phase permitted by
                                            the Congress; or (3) results from any general           Provided, That no notification shall involve           subsection (a), no information gathered from
                                            savings from a reduction in personnel that              funds that are not available for obligation:           passengers, foreign or domestic air carriers,
                                            would result in a change in existing pro-               Provided further, That the Administrator of            or reservation systems may be used to screen
                                            grams, projects, or activities as approved by           the Federal Emergency Management Agency                aviation passengers, or delay or deny board-
                                            the Congress; unless the Committees on Ap-              shall brief the Committees on Appropria-               ing to such passengers, except in instances
                                            propriations of the Senate and the House of             tions of the Senate and the House of Rep-              where passenger names are matched to a
                                            Representatives are notified 15 days in ad-             resentatives five full business days in ad-            Government watch list.
                                            vance of such reprogramming of funds.                   vance of announcing publicly the intention               (e) None of the funds provided in this or
                                              (c) Not to exceed 5 percent of any appro-             of making an award of formula-based grants,            any other Act to any part of the Department
                                            priation made available for the current fiscal          law    enforcement      terrorism   prevention         of Homeland Security may be utilized to de-
                                            year for the Department of Homeland Secu-               grants, or high-threat, high-density urban             velop or test algorithms assigning risk to
                                            rity by this Act or provided by previous ap-            areas grants: Provided further, That such no-          passengers whose names are not on Govern-
                                            propriations Acts may be transferred be-                tification shall include a description of the          ment watch lists.
                                            tween such appropriations, but no such ap-                                                                       (f) None of the funds provided in this or
                                                                                                    project or projects to be funded including the
                                            propriations, except as otherwise specifically                                                                 any other Act may be used for data or a
                                                                                                    city, county, and state.
                                            provided, shall be increased by more than 10              SEC. 509. Notwithstanding any other provi-           database that is obtained from or remains
                                            percent by such transfers: Provided, That any           sion of law, no agency shall purchase, con-            under the control of a non-Federal entity:
                                            transfer under this section shall be treated            struct, or lease any additional facilities, ex-        Provided, That this restriction shall not
                                            as a reprogramming of funds under sub-                  cept within or contiguous to existing loca-            apply to Passenger Name Record data ob-
                                            section (b) and shall not be available for ob-          tions, to be used for the purpose of con-              tained from air carriers.
                                                                                                                                                             SEC. 514. None of the funds appropriated by
                                            ligation unless the Committees on Appro-                ducting Federal law enforcement training
                                                                                                                                                           this Act may be used to process or approve a
                                            priations of the Senate and the House of                without the advance approval of the Com-
                                                                                                                                                           competition under Office of Management and
                                            Representatives are notified 15 days in ad-             mittees on Appropriations of the Senate and            Budget Circular A–76 for services provided as
                                            vance of such transfer.                                 the House of Representatives, except that              of June 1, 2004, by employees (including em-
                                              (d) Notwithstanding subsections (a), (b),             the Federal Law Enforcement Training Cen-              ployees serving on a temporary or term
                                            and (c), no funds shall be reprogrammed                 ter is authorized to obtain the temporary use          basis) of United States Citizenship and Im-
                                            within or transferred between appropriations            of additional facilities by lease, contract, or        migration Services of the Department of
                                            after June 30, 2008, except in extraordinary            other agreement for training which cannot              Homeland Security who are known as of that
                                            circumstances which imminently threaten                 be accommodated in existing Center facili-             date as Immigration Information Officers,
                                            the safety of human life or the protection of           ties.                                                  Contact Representatives, or Investigative
                                            property.                                                 SEC. 510. The Director of the Federal Law            Assistants.
                                              SEC. 504. None of the funds appropriated or           Enforcement Training Center shall schedule               SEC. 515. None of the funds appropriated to
                                            otherwise made available to the Department              basic or advanced law enforcement training             the United States Secret Service by this or
                                            of Homeland Security may be used to make                at all four training facilities under the con-         any other Act may be made available for the
                                            payments to the ‘‘Department of Homeland                trol of the Federal Law Enforcement Train-             protection of the head of a Federal agency
                                            Security Working Capital Fund’’, except for             ing Center to ensure that these training cen-          other than the Secretary of Homeland Secu-
                                            the activities and amounts allowed in the               ters are operated at the highest capacity              rity: Provided, That the Director of the
                                            President’s fiscal year 2008 budget, excluding          throughout the fiscal year.                            United States Secret Service may enter into
                                            sedan service, shuttle service, transit sub-              SEC. 511. None of the funds appropriated or          an agreement to perform such a service on a
                                            sidy, mail operations, parking, and competi-            otherwise made available by this Act may be            fully reimbursable basis.
                                            tive sourcing: Provided, That any additional            used for expenses for any construction, re-              SEC. 516. (a) Section 513 of the Department
                                            activities and amounts shall be approved by             pair, alteration, or acquisition project for           of Homeland Security Appropriations Act,
                                            the Committees on Appropriations of the                 which a prospectus, if required under chapter          2005, is amended by striking ‘‘triple’’ and in-
                                            Senate and the House of Representatives 30              33 of title 40, United States Code, has not            serting ‘‘double’’.
                                            days in advance of obligation.                          been approved, except that necessary funds               (b) The amendment made by subsection (a)
                                              SEC. 505. Except as otherwise specifically            may be expended for each project for re-               shall apply to the percentage of cargo in-
                                            provided by law, not to exceed 50 percent of            quired expenses for the development of a pro-          spected as required by Security Directives in
                                            unobligated balances remaining available at             posed prospectus.                                      effect as of the date of enactment of this
                                            the end of fiscal year 2008 from appropria-               SEC. 512. None of the funds in this Act may          Act.
                                            tions for salaries and expenses for fiscal year         be used in contravention of the applicable               SEC. 517. (a) The Secretary of Homeland
                                            2008 in this Act shall remain available                 provisions of the Buy American Act (41                 Security shall research, develop, and procure
                                            through September 30, 2009, in the account              U.S.C. 10a et seq.).                                   new technologies to inspect and screen air
                                            and for the purposes for which the appropria-             SEC. 513. (a) None of the funds provided by          cargo carried on passenger aircraft at the
                                            tions were provided: Provided, That prior to            this or previous appropriations Acts may be            earliest date possible.
                                            the obligation of such funds, a request shall           obligated for deployment or implementation,              (b) Existing checked baggage explosive de-
                                            be submitted to the Committees on Appro-                on other than a test basis, of the Secure              tection equipment and screeners shall be
                                            priations of the Senate and the House of                Flight program or any other follow on or               used to screen air cargo carried on passenger
                                            Representatives for approval in accordance              successor passenger prescreening program,              aircraft to the greatest extent practicable at
                                            with section 503 of this Act.                           until the Secretary of Homeland Security               each airport until technologies developed
                                              SEC. 506. Funds made available by this Act            certifies, and the Government Account-                 under subsection (a) are available.
                                            for intelligence activities are deemed to be            ability Office reports, to the Committees on             (c) Not later than 45 days after the end of
                                            specifically authorized by the Congress for             Appropriations of the Senate and the House             the quarter, the Transportation Security Ad-
                                            purposes of section 504 of the National Secu-           of Representatives, that all 10 conditions             ministration shall submit to the Committees
                                            rity Act of 1947 (50 U.S.C. 414) during fiscal          under paragraphs (1) through (10) of section           on Appropriations of the Senate and the
                                            year 2008 until the enactment of an Act au-             522(a) of the Department of Homeland Secu-             House of Representatives a report on air
                                            thorizing intelligence activities for fiscal            rity Appropriations Act, 2005 (Public Law              cargo inspection statistics by airport and air
                                            year 2008.                                              108–334; 118 Stat. 1319) have been successfully        carrier, including any reason for non-compli-
                                              SEC. 507. The Federal Law Enforcement                 met.                                                   ance with section 516.
                                            Training Accreditation Board shall lead the               (b) The report required by subsection (a)              SEC. 518. None of the funds made available
                                            Federal law enforcement training accredita-             shall be submitted within 90 days after the            in this Act may be used by any person other
                                            tion process, to include representatives from           Secretary provides the requisite certifi-              than the Privacy Officer appointed under
                                            the Federal law enforcement community and               cation, and periodically thereafter, if nec-           section 222 of the Homeland Security Act of
                                            non-Federal accreditation experts involved              essary, until the Government Accountability            2002 (6 U.S.C. 142) to alter, direct that
                                            in law enforcement training, to continue the            Office confirms that all ten conditions have           changes be made to, delay, or prohibit the
                                            implementation of measuring and assessing               been successfully met.                                 transmission to Congress of any report pre-
                                            the quality and effectiveness of Federal law              (c) Within 90 days after the date of enact-          pared under paragraph (6) of such section.
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                                            enforcement training programs, facilities,              ment of this Act, the Secretary of Homeland              SEC. 519. No funding provided in this or any
                                            and instructors.                                        Security shall submit to the Committees on             other Act shall be available to pay the salary
                                              SEC. 508. None of the funds in this Act may           Appropriations of the Senate and the House             of any employee serving as a contracting of-
                                            be used to make grant allocations, discre-              of Representatives a detailed plan that de-            ficer’s technical representative (COTR), or
                                            tionary grant awards, discretionary contract            scribes: (1) the dates for achieving key mile-         anyone acting in a similar capacity, who has
                                            awards, or to issue a letter of intent totaling         stones, including the date or timeframes               not received COTR training.




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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6459
                                               SEC. 520. Except as provided in section              cally reminded of Department of Homeland               contract, for the acquisition or modification
                                            44945 of title 49, United States Code, funds            Security policies on—                                  of an asset under a procurement subject to
                                            appropriated or transferred to Transpor-                  (1) the detailed information required in             subsection (b) unless the Coast Guard and
                                            tation Security Administration ‘‘Aviation               supporting documentation for reimburse-                the contractor concerned have formally
                                            Security’’, ‘‘Administration’’ and ‘‘Transpor-          ments; and                                             agreed to all terms and conditions or the
                                            tation Security Support’’ for fiscal years                (2) the necessity for timeliness of agency           head of contracting activity of the Coast
                                            2004, 2005, 2006, and 2007 that are recovered or        billings.                                              Guard determines that a compelling need ex-
                                            deobligated shall be available only for the               SEC. 524. Within 45 days after the close of          ists for the award or issue of such instru-
                                            procurement or installation of explosive de-            each month, the Chief Financial Officer of             ment.
                                            tection systems, for air cargo, baggage, and            the Department of Homeland Security shall                (b) CONTRACTS, SUBCONTRACTS, TASK AND
                                            checkpoint screening systems, subject to no-            submit to the Committees on Appropriations             DELIVERY ORDERS COVERED.—Subsection (a)
                                            tification: Provided, That quarterly reports            of the Senate and the House of Representa-             applies to—
                                            shall be submitted to the Committees on Ap-             tives a monthly budget and staffing report               (1) any major procurement contract, first-
                                            propriations of the Senate and the House of             that includes total obligations and on-board           tier subcontract, delivery or task order en-
                                            Representatives on any funds that are recov-            versus funded full-time equivalent staffing            tered into by the Coast Guard;
                                            ered or deobligated.                                    levels.                                                  (2) any first-tier subcontract entered into
                                               SEC. 521. Section 525 of the Department of             SEC. 525. Section 532(a) of Public Law 109–          under such a contract; and
                                            Homeland Security Appropriations Act, 2007              295 is amended by striking ‘‘2007’’ and insert-          (3) any task or delivery order issued pursu-
                                            (Public Law 109–295), is amended—                       ing ‘‘2008’’.                                          ant to such a contract or subcontract.
                                               (1) in subsection (a)(2)(A) by inserting               SEC. 526. None of the funds made available             (c) REPORTS.—Not later than 30 days after
                                            ‘‘identifies and describes the specific risk to         by this Act shall be used in contravention of          the date of enactment of this Act, the Com-
                                            the national transportation system and                  the Federal buildings performance and re-              mandant of the Coast Guard shall submit to
                                            therefore’’ after ‘‘information’’;                      porting requirements of Executive Order No.            the Committees on Appropriations of the
                                               (2) in subsection (d) by striking ‘‘like that’’      13123, part 3 of title V of the National Energy        Senate and the House of Representatives, the
                                            and inserting ‘‘identical to those’’; and               Conservation Policy Act (42 U.S.C. 8251 et             Committee on Commerce, Science, and
                                               (3) by adding at the end the following:              seq.), or subtitle A of title I of the Energy          Transportation of the Senate, and the Com-
                                               ‘‘(e) For the purposes of this section, the          Policy Act of 2005 (including the amend-               mittee on Transportation and Infrastructure
                                            term ‘party’s counsel’ includes any employee            ments made thereby).                                   of the House of Representatives: (1) a report
                                            who assists counsel in legal proceedings and              SEC. 527. The functions of the Federal Law           on the resources (including training, staff,
                                            who is so designated by counsel and approved            Enforcement Training Center instructor                 and expertise) required by the Coast Guard
                                            by the judge overseeing the legal pro-                  staff shall be classified as inherently govern-        to provide appropriate management and
                                            ceedings.’’.                                            mental for the purpose of the Federal Activi-          oversight of the Integrated Deepwater Sys-
                                               SEC. 522. The Department of Homeland Se-             ties Inventory Reform Act of 1998 (31 U.S.C.           tems program; and (2) a report on how the
                                            curity Working Capital Fund, established                501 note).                                             Coast Guard will utilize full and open com-
                                            pursuant to section 403 of Public Law 103–356             SEC. 528. None of the funds made available           petition for any contract entered into after
                                            (31 U.S.C. 501 note), shall continue oper-              in this Act may be used in contravention of            the date of enactment of the Act that pro-
                                            ations during fiscal year 2008.                         section 303 of the Energy Policy Act of 1992           vides for the acquisition or modification of
                                               SEC. 523. (a) The report required by Public          (42 U.S.C. 13212).                                     assets under, or in support of, the Integrated
                                            Law 109–62 and Public Law 109–90 detailing                SEC. 529. None of the funds made available           Deepwater Systems program.
                                            the allocation and obligation of funds for              by this Act may be used to take an action                SEC. 531. None of the funds provided by this
                                            ‘‘Disaster Relief’’ shall hereafter be sub-             that would violate Executive Order No. 13149           or any other Act may be obligated for the de-
                                            mitted monthly and include: (1) status of the           (65 Fed. Reg. 24607; relating to greening the          velopment, testing, deployment, or oper-
                                            Disaster Relief Fund including obligations,             Government through Federal fleet and trans-            ation of any system related to the MAX–HR
                                            allocations, and amounts undistributed/                 portation efficiency).                                 project, or any subsequent but related
                                            unallocated; (2) allocations, obligations, and            SEC. 530. (a) IN GENERAL.—Any contract,              human resources management project, until
                                            expenditures for Hurricanes Katrina, Rita,              subcontract, task or delivery order described          any pending litigation concerning such ac-
                                            and Wilma; (3) information on national flood            in subsection (b) shall contain the following:         tivities is resolved, and any legal claim or
                                            insurance claims; (4) information on manu-                (1) A requirement for a technical review of          appeal by either party has been fully re-
                                            factured housing data; (5) information on               all designs, design changes, and engineering           solved.
                                            hotel and motel data; (6) obligations, alloca-          change proposals, and a requirement to spe-              SEC. 532. (a) AMENDMENTS.—Section 550 of
                                            tions, and expenditures by State for unem-              cifically address all engineering concerns             the Department of Homeland Security Ap-
                                            ployment, crisis counseling, inspections,               identified in the review before the obligation         propriations Act, 2007 (6 U.S.C. 121 note) is
                                            housing assistance, manufactured housing,               of further funds may occur.                            amended—
                                            public assistance, and individual assistance;             (2) A requirement that the Coast Guard                 (1) in subsection (c), by striking ‘‘con-
                                            (7) mission assignment obligations by agen-             maintain technical warrant holder author-              sistent with similar’’ and inserting ‘‘iden-
                                            cy, including: (A) the amounts reimbursed to            ity, or the equivalent, for major assets.              tical to the protections given’’;
                                            other agencies that are in suspense because               (3) A requirement that no procurement                  (2) in subsection (c), by striking ‘‘, site se-
                                            the Federal Emergency Management Agency                 subject to subsection (b) for lead asset pro-          curity plans, and other information sub-
                                            has not yet reviewed and approved the docu-             duction or the implementation of a major               mitted to or obtained by the Secretary under
                                            mentation supporting the expenditure; and               design change shall be entered into unless an          this section, and related vulnerability or se-
                                            (B) a disclaimer if the amounts of reported             independent third party with no financial in-          curity information, shall be treated as if the
                                            obligations and expenditures do not reflect             terest in the development, construction, or            information were classified material’’ and
                                            the status of such obligations and expendi-             modification of any component of the asset,            inserting ‘‘and site security plans shall be
                                            tures from a government-wide perspective;               selected by the Commandant of the Coast                treated as sensitive security information (as
                                            (8) the amount of credit card purchases by              Guard, determines that such action is advis-           that term is used in section 1520.5 of title 49,
                                            agency and mission assignment; (9) specific             able.                                                  Code of Federal Regulations, or any subse-
                                            reasons for all waivers granted and a descrip-            (4) A requirement for independent life-              quent regulations relating to the same mat-
                                            tion of each waiver; and (10) a list of all con-        cycle cost estimates of lead assets and major          ter)’’; and
                                            tracts that were awarded on a sole source or            design and engineering changes.                          (3) by adding at the end of the section the
                                            limited competition basis, including the dol-             (5) A requirement for the measurement of             following:
                                            lar amount, the purpose of the contract and             contractor and subcontractor performance                 ‘‘(h) This section shall not preclude or
                                            the reason for the lack of competitive award.           based on the status of all work performed.             deny any right of any State or political sub-
                                               (b) The Secretary of Homeland Security               For contracts under the Integrated Deep-               division thereof to adopt or enforce any reg-
                                            shall, at least quarterly, obtain and report            water Systems program, such requirement                ulation, requirement, or standard of per-
                                            from each agency performing mission assign-             shall include a provision that links award             formance with respect to chemical facility
                                            ments each such agency’s actual obligation              fees to successful acquisition outcomes                security that is more stringent than a regu-
                                            and expenditure data and include such data              (which shall be defined in terms of cost,              lation, requirement, or standard of perform-
                                            in the report referred to in subsection (a).            schedule, and performance).                            ance issued under this section, or otherwise
                                               (c) For any request for reimbursement                  (6) A requirement that the Commandant of             impair any right or jurisdiction of any State
                                            from a Federal agency to the Department of              the Coast Guard assign an appropriate offi-            with respect to chemical facilities within
                                            Homeland Security to cover expenditures                 cer or employee of the Coast Guard to act as           that State.’’.
                                            under the Robert T. Stafford Disaster Relief            chair of each integrated product team and                (b) REGULATORY CLARIFICATION.—Not later
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                                            and Emergency Assistance Act (42 U.S.C.                 higher-level team assigned to the oversight            than 30 days after the date of the enactment
                                            5121 et seq.), or any mission assignment or-            of each integrated product team.                       of this Act, the Secretary of Homeland Secu-
                                            ders issued by the Department of Homeland                 (7) A requirement that the Commandant of             rity shall update the regulations adminis-
                                            Security for such purposes, the Secretary of            the Coast Guard may not award or issue any             tered by the Secretary that govern sensitive
                                            Homeland Security shall take appropriate                contract, task or delivery order, letter con-          security information, including 49 CFR 1520,
                                            steps to ensure that each agency is periodi-            tract modification thereof, or other similar           to reference all information required to be




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                                            H6460                                               CONGRESSIONAL RECORD — HOUSE                                                       June 14, 2007
                                            protected under section 550(c) of the Depart-            Homeland Security when it was created in                 My amendment would strike section
                                            ment of Homeland Security Appropriations                 2003, excluding mandatory appropriations,              531 of this bill and allow current regu-
                                            Act, 2007 (6 U.S.C. 121 note), as amended by             $55,273,000 is rescinded, of which $12,084,003         lations to continue until the courts
                                            subsection (a).                                          shall be rescinded from Departmental Oper-
                                              SEC. 533. The Commissioner of United                                                                          make their final judgment.
                                                                                                     ations.
                                            States Customs and Border Protection shall,                SEC. 541. None of the funds provided by this           Mr. Chairman, I reserve the balance
                                            not later than July 1, 2008, establish for the           or previous appropriation Acts shall be used           of my time.
                                            United States Customs and Border Protec-                 to fund any position designated as a Prin-               Mr. PRICE of North Carolina. Mr.
                                            tion Officer (CBPO) position, a new classi-              cipal Federal Official during any declared             Chairman, I yield myself such time as
                                            fication (‘‘CBPO/LEO’’), which shall be iden-            disasters or emergencies.                              I may consume.
                                            tical to the current position description for a            SEC. 542. Section 46301(a) of title 49, United         Mr. Chairman, this amendment
                                            CBPO, and include, but not be limited to, eli-           States Code, is amended by adding at the end           would remove a restriction that the
                                            gibility for treatment accorded to law en-               the following:                                         committee included in order to prevent
                                            forcement officers under subchapter III of                 ‘‘(6) FAILURE TO COLLECT AIRPORT SECU-               the Department of Homeland Security
                                            chapter 83, and chapter 84 of title 5, United            RITY BADGES.—Notwithstanding paragraph
                                            States Code. In developing the new classi-                                                                      from wasting more money developing a
                                                                                                     (1), any employer (other than a govern-
                                            fication, the Commissioner shall consult                 mental entity or airport operator) who em-             human capital system that would, we
                                            with the Office of Personnel Management, as              ploys an employee to whom an airport secu-             believe, be judged illegal. DHS has not
                                            well as employee groups that represent                   rity badge or other identifier used to obtain          been willing to negotiate with its em-
                                            CBPOs. The option to elect to serve as a                 access to a secure area of an airport is issued        ployees unions to develop a human cap-
                                            CBPO/LEO shall be available to all CBPOs                 before, on, or after the date of enactment of          ital system that lines up with the ne-
                                            who enter into service on or after July 1,               this paragraph and who does not collect or             gotiated labor contracts.
                                            2008, as well as to incumbent CBPOs cur-                 make reasonable efforts to collect such                  That becomes our committee’s prob-
                                            rently serving on July 1, 2008, who meet the             badge from the employee on the date that               lem, when money that gets appro-
                                            maximum age requirements to serve in a law               the employment of the employee is termi-
                                            enforcement officer position.                                                                                   priated is wasted on projects that are
                                                                                                     nated and does not notify the operator of the
                                              SEC. 534. In fiscal year 2008, none of funds           airport of such termination within 24 hours
                                                                                                                                                            judged illegal and in violation of con-
                                            made available in this or any other Act may              of the date of such termination shall be lia-          tractual agreements. DHS shouldn’t be
                                            be used to enforce section 4025(1) of Public             ble to the Government for a civil penalty not          spending millions of dollars on systems
                                            Law 108–458 if the Assistant Secretary                   to exceed $10,000.’’.                                  that will need to be thrown away sim-
                                            (Transportation Security Administration)                                                                        ply to frustrate unions and to intimi-
                                            determines that butane lighters are not a
                                                                                                       Mr. PRICE of North Carolina (during
                                                                                                     the reading). Mr. Chairman, I ask                      date their employees. It’s a waste of
                                            significant threat to civil aviation security:
                                                                                                     unanimous consent that the remainder                   taxpayers’ money and from what I have
                                            Provided, That the Assistant Secretary
                                            (Transportation Security Administration)                 of the bill through page 74, line 10, be               heard, Mr. Chairman, has led to many
                                            shall notify the Committee on Appropria-                 considered as read, printed in the                     morale problems at the Department.
                                            tions of the Senate and the House of Rep-                RECORD and open to amendment at any                      I will remind Members that unfortu-
                                            resentatives 15 days in advance of such de-              point.                                                 nately the Department of Homeland
                                            termination including a report on whether                  The Acting CHAIRMAN. Is there ob-                    Security ranked dead last in employee
                                            the effectiveness of screening operations is
                                                                                                     jection to the request of the gentleman                morale across government agencies in
                                            enhanced by suspending enforcement of the                                                                       a survey taken recently. We need to re-
                                            prohibition: Provided further, That if the As-           from North Carolina?
                                                                                                       There was no objection.                              ject this amendment, and I ask my col-
                                            sistant Secretary has previously submitted a                                                                    leagues to do so.
                                            report pursuant to Section 530 of Public Law              AMENDMENT NO. 99 OFFERED BY MR. MCCAUL OF
                                                                                                                        TEXAS
                                                                                                                                                              Mr. MCCAUL of Texas. Mr. Chair-
                                            108–458, no further report shall be required.
                                              SEC. 535. None of the funds provided in this             Mr. MCCAUL of Texas. Mr. Chair-                      man, I respect the distinguished gen-
                                            Act may be used to alter or reduce oper-                 man, I offer an amendment.                             tleman from North Carolina, but I
                                            ations within the Civil Engineering Program                The Acting CHAIRMAN. The Clerk                       would say I believe it’s important that
                                            of the Coast Guard nationwide, including the             will designate the amendment.                          we let the courts decide this matter.
                                            civil engineering units, facilities, design and            The text of the amendment is as fol-                 It’s under judicial review, just a small
                                            construction centers, maintenance and logis-                                                                    part of the human resources program
                                            tics command centers, and the Coast Guard
                                                                                                     lows:
                                                                                                       Amendment No. 99 offered by Mr. MCCAUL               at the Department of Homeland Secu-
                                            Academy, except as specifically authorized                                                                      rity.
                                            by a statute enacted after the date of enact-            of Texas:
                                                                                                       Strike section 531 (page 69, beginning at              I think it would be a tremendous
                                            ment of this Act.
                                              SEC. 536. None of the funds appropriated in            line 4).                                               mistake for us in the Congress, as a
                                            this Act may be used for a grant or contract               The Acting CHAIRMAN. Pursuant to                     separate branch of government, to es-
                                            for any project that does not comply with                the order of the House of today, the                   sentially enjoin, essentially enjoin the
                                            the requirements of subchapter IV of chapter             gentleman from Texas (Mr. MCCAUL)                      executive branch in the human re-
                                            31 of title 40, United States Code: Provided,            and the gentleman from North Caro-                     source program that has combined 22
                                            That the President may suspend the provi-                                                                       agencies, developed the human re-
                                            sions of such subchapter during a national
                                                                                                     lina (Mr. PRICE) each will control 5
                                                                                                     minutes.                                               sources program that has been efficient
                                            emergency.
                                              SEC. 537. (a) None of the funds appropriated             The Chair recognizes the gentleman                   in many respects, only because the
                                            in this Act may be obligated for a grant or              from Texas.                                            courts have enjoined a very small por-
                                            contract awarded by a means other than full                Mr. MCCAUL of Texas. Mr. Chair-                      tion. Again, let’s let the courts decide
                                            and open competition, other than a grant                 man, section 531 prohibits the imple-                  this issue, and let’s let the rest of the
                                            distributed by a formula or other mechanism              mentation of MAX-HR. MAX-HR is the                     program go forward.
                                            that is required by statute. The Secretary of            human resources program that allows                      I know that our colleagues on the
                                            Homeland Security may waive the applica-                                                                        other side of the aisle would like to
                                                                                                     DHS wide latitude in personnel mat-
                                            tion of this subsection during a national                                                                       move the Department into a more
                                            emergency.                                               ters such as transferring workers to
                                              (b) The Secretary of Homeland Security                 areas where they may be needed during                  unionized system that is not merit
                                            shall establish an objective of awarding at              a national emergency. Congress gave                    based. My view is that that would crip-
                                            least 3 percent of the total value of all con-           the Department this ability so that it                 ple our ability to respond in emergency
                                            tracts to be carried out with amounts appro-             could move quickly to protect the                      situations. That was the view of the
                                            priated in this Act to small business con-               country from terrorist threats.                        Congress at the time that we developed
                                            cerns.                                                     While some authority is currently                    the Department of Homeland Security,
                                              SEC. 538. None of the funds provided in this                                                                  and that is the view of this Congress-
                                            Act shall be available to carry out section              under judicial review, the bill as cur-
                                            872 of Public Law 107–296.                               rently written would enjoin the entire                 man at this time.
                                              SEC. 539. Section 44940(a)(2) of title 49,             program until courts decide.                             The     Acting     CHAIRMAN        (Mr.
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                                            United States Code, is amended by striking                                                                      MCDERMOTT). The question is on the
                                                                                                                      b 0030                                amendment offered by the gentleman
                                            the last sentence of subparagraph (A), and
                                            clause (iv) of subparagraph (B).                           If this section were to pass as writ-                from Texas (Mr. MCCAUL).
                                                            (RESCISSION OF FUNDS)                    ten, it would result in an action that is                The question was taken; and the Act-
                                              SEC. 540. From the unobligated balances of             not consistent with the purposes of                    ing Chairman announced that the noes
                                            funds transferred to the Department of                   Homeland Security.                                     appeared to have it.



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                   H6461
                                              Mr. MCCAUL of Texas. Mr. Chair-                       the seven airports selected to implement a             about $5 million per year for this type
                                            man, I demand a recorded vote.                          pilot program to screen airport workers who            of security. The Miami program has re-
                                              The Acting CHAIRMAN. Pursuant to                      enter or re-enter secure airport space.                duced smuggling by all employees.
                                            clause 6 of rule XVIII, further pro-                       Mr. ROGERS of Kentucky. Mr. Chair-                  Under this program, all airport and air-
                                            ceedings on the amendment offered by                    man, I reserve a point of order.                       line employees are screened, though
                                            the gentleman from Texas will be post-                     The Acting CHAIRMAN. A point of                     not at the same area as the passengers
                                            poned.                                                  order is reserved.                                     or flight crews.
                                              AMENDMENT OFFERED BY MR. THOMPSON OF                     Pursuant to the order of the House of                 The Miami program also includes a
                                                          MISSISSIPPI                               today, the gentlewoman from Florida                    provision that allows screening to in-
                                              Mr. THOMPSON of Mississippi. Mr.                      (Ms. CORRINE BROWN) and a Member op-                   stantly send a suspect’s image to a
                                            Chairman, I offer an amendment.                         posed each will control 5 minutes.                     New York center that operates around-
                                              The Acting CHAIRMAN. The Clerk                           The Chair recognizes the gentle-                    the-clock with a staff of former NYPD
                                            will designate the amendment.                           woman from Florida.                                    technicians.
                                              The text of the amendment is as fol-                     Ms. CORRINE BROWN of Florida.                         As you know, the State of Florida, in
                                            lows:                                                   Mr. Chairman, I rise today to ask sup-                 particular, thrives on tourism, which
                                              Amendment offered by Mr. THOMPSON:                    port for my amendment to allow Or-                     forms the backbone of the State econ-
                                              In section 537 of the bill, strike subsection         lando International Airport and Miami                  omy. Obviously, those traveling in the
                                            (b).                                                    International Airport to be named as                   State need to feel safe during their
                                              The Acting CHAIRMAN. Pursuant to                      two of the seven airports selected to                  commute, and increasing and enforcing
                                            the order of the House of today, the                    implement a pilot program to screen                    the security process for airline employ-
                                            gentleman      from   Mississippi  (Mr.                 airport workers who enter or reenter                   ees would serve as an important step
                                            THOMPSON) and a Member opposed each                     security airport space.                                toward achieving this goal.
                                            will control 5 minutes.                                    My interest in this stems from a very                 I realize it is necessary to withdraw
                                              The Chair recognizes the gentleman                    serious security breach which occurred                 this amendment, and I am willing to do
                                            from Mississippi.                                       at the Orlando International Airport,                  so, but this is a very, very serious situ-
                                              Mr. THOMPSON of Mississippi. Mr.                      OIA, earlier this year.                                ation not just for Florida, but for the
                                            Chairman, the amendment I offer to-                        On March 5, a Comair customer serv-                 entire country. I want all of us to work
                                            night will ensure that businesses can                   ice employee boarded a Delta flight                    together to ensure that our system
                                            continue their current level of partici-                from Orlando International to San                      does not allow these huge security gaps
                                            pation in contracting opportunities                     Juan, carrying 13 handguns, 1 assault                  to continue.
                                            with the Department of Homeland Se-                     weapon and 8 pounds of marijuana. Al-                                    POINT OF ORDER
                                            curity.                                                 though passengers and flight crews are                   Mr. ROGERS of Kentucky. Mr. Chair-
                                              The current governmentwide goal for                   required to pass through screening to                  man, I make a point of order against
                                            small minority and disadvantaged                        obtain access to gates, mechanics and                  the amendment because it proposes to
                                            business’s participation established by                 other airline employees move through                   change existing law and constitutes
                                            the SBA is 23 percent. The current lan-                 the airport without being screened.                    legislation in an appropriation bill and
                                            guage of this bill places that con-                        In fact, the men that were arrested
                                                                                                                                                           therefore violates clause 2 of rule XXI,
                                            tracting goal within the Department of                  had employee identification that al-
                                                                                                                                                           which states, in pertinent part: An
                                            Homeland Security at 3 percent.                         lowed them to bypass screening alto-
                                              Small businesses are often best able                                                                         amendment to a general appropriations
                                                                                                    gether when they brought a duffel bag
                                            to provide the kind of innovative tech-                                                                        bill shall not be in order if changing ex-
                                                                                                    full of handguns into the airport. This
                                            nologies we need to protect this Na-                                                                           isting law.
                                                                                                    serves as a perfect example of a strik-                  I ask for a ruling from the Chair.
                                            tion. This language would strike the 3                  ing gap in airline security, not only at                 The Acting CHAIRMAN. Does any
                                            percent language, returning small busi-                 OIA, but at airports nationwide.                       other Member wish to be heard?
                                            ness participation at DHS to the gov-                      Moreover, given an employee was                       Ms. CORRINE BROWN of Florida.
                                            ernmentwide goals.                                      willing to take the risk of smuggling                  Mr. Chairman, I ask unanimous con-
                                              Mr. Chairman, I urge my colleagues                    illegal weapons and drugs into a flight                sent to withdraw my amendment.
                                            to adopt this amendment.                                for a few thousand dollars, one would
                                              Mr. Chairman, I reserve the balance                                                                            The Acting CHAIRMAN. Is there ob-
                                                                                                    certainly imagine that it would be pos-                jection to the request of the gentle-
                                            of my time.                                             sible that the airline employee could
                                              Mr. PRICE of North Carolina. Mr.                                                                             woman from Florida?
                                                                                                    be bribed by well-financed terrorists to                 There was no objection.
                                            Chairman, I move to strike the last                     obtain access to the airport infrastruc-
                                            word.                                                                                                            The Acting CHAIRMAN. If there are
                                                                                                    ture.                                                  no further amendments to this section,
                                              I commend my friend, the chairman                        In response to this incident, report
                                            of the Homeland Security authorizing                                                                           the Clerk will read.
                                                                                                    language in the bill required a pilot                    The Clerk read as follows:
                                            committee, for a fine amendment, and                    program for seven airports nationwide
                                            I am pleased to suggest that it be                                                                               SEC. 543. None of the funds made available
                                                                                                    to mandate the screening of all em-                    in this Act may be used by U.S. Citizenship
                                            adopted.                                                ployees as prescribed in H.R. 1314.                    and Immigration Services to grant an immi-
                                              Mr. THOMPSON of Mississippi. Mr.                         Of the seven airport pilot projects                 gration benefit to any individual unless all
                                            Chairman, I yield back the balance of                   mentioned in the report language, my                   criminal history and other background
                                            my time.                                                amendment would require that the Or-                   checks required for the benefit have been
                                              The Acting CHAIRMAN. The ques-                        lando International Airport and the                    completed, the results of such checks have
                                            tion is on the amendment offered by                     Miami International Airport be named                   been received by U.S. Citizenship and Immi-
                                            the gentleman from Mississippi (Mr.                     two of the designated programs. Miami                  gration Services, and the results do not pre-
                                            THOMPSON).                                                                                                     clude the grant of the benefit.
                                                                                                    International, in fact, already had a
                                              The amendment was agreed to.                          program in place, while Orlando Inter-
                                                                                                                                                            AMENDMENT NO. 2 OFFERED BY MR. ROGERS OF
                                             AMENDMENT NO. 18 OFFERED BY MS. CORRINE                                                                                           KENTUCKY
                                                                                                    national has undertaken a plan to
                                                      BROWN OF FLORIDA                                                                                       Mr. ROGERS of Kentucky. Mr. Chair-
                                                                                                    screen 100 percent of all of its employ-
                                              Ms. CORRINE BROWN of Florida.                                                                                man, I offer an amendment.
                                                                                                    ees. Given the heavy international
                                            Mr. Chairman, I offer an amendment.                                                                              The Acting CHAIRMAN. The Clerk
                                                                                                    traffic at both of these airports, I
                                              The Acting CHAIRMAN. The Clerk                                                                               will designate the amendment.
                                                                                                    strongly believe that they serve as per-
                                            will designate the amendment.                                                                                    The text of the amendment is as fol-
                                                                                                    fect places to begin a program which
                                              The text of the amendment is as fol-                                                                         lows:
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                                                                                                    eventually needs to be implemented at
                                            lows:                                                                                                            Amendment No. 2 offered by Mr. ROGERS of
                                                                                                    all airports nationwide.
                                              Amendment offered by Ms. CORRINE BROWN                                                                       Kentucky:
                                                                                                       The reason I include Miami is be-                     At the end of the bill (before the short
                                            of Florida:
                                              Page 61, after line 11, insert the following:         cause Miami can be used as a model,                    title), insert the following:
                                              (d) Orlando International Airport and                 since the airport has had a program in                   SEC. ll. None of the funds made available
                                            Miami International Airport shall be two of             place for nearly a decade and spends                   under this Act may be used to recruit or hire




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                                            H6462                                              CONGRESSIONAL RECORD — HOUSE                                                       June 14, 2007
                                            a total of more than 45,000 full-time equiva-           gage of passengers. The 45,000 screener                less people dependent and more tech-
                                            lent airport screeners.                                 limit works. TSA now is placing the                    nology driven in the near term. But I
                                              The Acting CHAIRMAN. Pursuant to                      machines in airports.                                  just want to stress that I agree with
                                            the order of the House of today, the                      This committee, this subcommittee,                   the gentleman on that point, that pri-
                                            gentleman from Kentucky (Mr. ROG-                       has now appropriated many hundreds                     ority.
                                            ERS) and the gentleman from North                       of millions of dollars in this bill, along               I should also say, Mr. Chairman, that
                                            Carolina (Mr. PRICE) each will control 5                with others, to buy more machinery.                    our authorizers oppose this cap.
                                            minutes.                                                  But the cap on screeners needs to be                 They’ve specifically asked us not to in-
                                              The Chair recognizes the gentleman                    kept in place. It’s been there since we                clude this bill language in fiscal 2008.
                                            from Kentucky.                                          first began TSA 5 years ago. You take                    I’m more than willing to work with
                                              Mr. ROGERS of Kentucky. Mr. Chair-                    that screener cap off, as this bill does,              the gentleman to ensure that the com-
                                            man, this is a simple amendment.                        and TSA will go back to their old ways.                mittee is kept well informed of screen-
                                              It would restore to the bill the tradi-               I guarantee it. They’ll go back to their               er staffing levels at airports. And if it
                                            tional historic 45,000-person cap on the                old ways of hiring screeners to run                    appears that TSA is out of control re-
                                            number of screeners that the TSA can                    trace detection machines, very unreli-                 garding staffing, we will be the first to
                                            employ.                                                 able, insecure, and disruptive, actually,              get on the case. But I cannot support
                                              The reason for this is simple. This                   of people trying to get on the airplane.               this amendment.
                                                                                                      So I urge our colleagues to keep in                    Speaking of authorizers, I yield such
                                            screener cap has been in place since be-
                                                                                                                                                           time as she may consume to the gen-
                                            fore there was a Department of Home-                    place, put back in place the 45,000
                                                                                                                                                           tlewoman from Texas (Ms. JACKSON-
                                            land Security.                                          screener limit that’s been in the bill
                                                                                                                                                           LEE).
                                              When we first created the Transpor-                   ever since we’ve had a Department of                     Ms. JACKSON-LEE of Texas. Mr.
                                            tation Security Administration in 2001,                 Transportation, TSA in the Depart-                     Chairman, I thank the gentleman from
                                            I think it was, or 2002, TSA was in the                 ment of Transportation and now Home-                   North Carolina, and I thank the rank-
                                            Department of Transportation. At the                    land Security.                                         ing member. I agree with the ranking
                                            time, I chaired the subcommittee that                     I know the bill contains funds only                  member’s assessment that we can im-
                                            funded that Department.                                 for some 44,000 screeners, and the argu-               prove the training and the, if you will,
                                              When we first began to place feder-                   ment can be made that we can control                   work performance in many instances of
                                            ally employed screeners in the air-                     the number of screeners by the amount                  the TSA screeners. But we also note
                                            ports, TSA came to us and said we need                  of money we appropriate. And this bill                 that there are many hardworking
                                            35,000 screeners. We said, okay, here is                starts us along that line.                             screeners.
                                            the money, hire them.                                     But we all know that these agencies                    I chair the subcommittee that over-
                                              They came back a few days later, a                    can come back to the Appropriations                    sees the work of TSA as it relates to
                                            few months later, and said no, we’re                    Committee and request a reprogram-                     airport screeners. And the reason the
                                            going to need 40,000. Then they came                    ming of funds from one account to the                  authorizers wanted to not have a cap is
                                            back a few months later and said no,                    next, and the pressure would be great if               because, first of all, the Transportation
                                            we have to have 45,000. Then it was                     they came to us to assign that reappro-                Security     Administration     and    the
                                            50,000 and 60,000, and then finally they                priation of monies. But the limit                      screeners staffing are engaging in what
                                            said we need to have 70,000. We said,                   works. Keep the limit.                                 we call a spot program. They’re dealing
                                            wait a minute, time out. We can’t af-                     Mr. PRICE of North Carolina. Mr.                     with the traveler document checking
                                            ford this many. Where are you going to                  Chairman, the amendment, as the gen-                   system. New programs need new per-
                                            stop?                                                   tleman has stated, would impose a                      sonnel, new trained personnel.
                                              What they did at the outset, TSA was                  statutory cap of 45,000 on the number                    The cap was lifted in the 9/11 bill for
                                            poorly managed, poorly run, and was                     of aviation screeners. I’m reluctantly                 a very important reason. It sends the
                                            not operating properly. They made up                    opposed to this, because under the                     wrong message for us to cap screeners
                                            for their difference, their short-                      Committee mark, we fund considerably                   of airports. Our airports are expanding.
                                            comings, by hiring more people. I re-                   fewer than that amount, that number.                   Air travel is growing. In fact, we have
                                            member going to an airport in the                       We fund only 43,688 screeners. So we’re                been looking at the utilization of
                                            South, a moderate-sized airport. The                    nowhere close to the statutory cap                     screening employees in the airport to
                                            lobby was full of the trace detection                   that the gentleman would impose.                       make the entire airport, front and
                                            machines where they swab your brief-                      The budget is what really controls                   back, safe. So we all can work toward
                                            case and then run it through the ma-                    how many screeners TSA can fund, as                    more professional development for the
                                            chine, very time-consuming, very                        53 percent of TSA’s aviation security                  screeners, the airport screeners; but
                                                                                                    budget goes to screener salaries and                   our work is too important now, and our
                                            labor-intensive, and not very accurate.
                                                                                                    benefits.                                              work is too important going forward,
                                                             b 0045                                   Now, I agree with the gentleman that                 after 9/11, to send this message of cap-
                                              And the lobby was full, passengers                    our goal should be to provide more effi-               ping these employees.
                                            having trouble getting through the                      cient explosive detection systems, ones                  I would respectfully oppose the
                                            doorway to get to the boarding gates.                   that rely less on humans and more on                   amendment because of the work that
                                            And I called over the Federal director,                 machines     that    identify     possible             we still have to do in securing the Na-
                                            security director for that airport and I                                                                       tion’s airports.
                                                                                                    threats.
                                                                                                                                                             Mr. PRICE of North Carolina. Mr.
                                            said, when are you going to apply for                     Instead of the cap, I think a better
                                                                                                                                                           Chairman, I yield back my time.
                                            an x-ray machine to more efficiently                    way to provide the funding for addi-                     The Acting CHAIRMAN. The ques-
                                            and more securely search people as                      tional explosive detection systems for                 tion is on the amendment offered by
                                            they go to board the airplane? They                     passengers and carry on baggage and                    the gentleman from Kentucky (Mr.
                                            said, oh, we don’t need, we don’t want                  checked baggage and air cargo is to                    ROGERS).
                                            an x-ray machine to replace these trace                 fund those systems adequately. And                       The question was taken; and the Act-
                                            detection machines in the lobby. I said,                the bill before us does that. It has $251              ing Chairman announced that the noes
                                            why not? The person said, our people                    million more than the President’s re-                  appeared to have it.
                                            are perfectly happy. I said, you mean                   quest for these systems.                                 Mr. ROGERS of Kentucky. Mr. Chair-
                                            the passengers? No, the screeners. Of                     To make sure that DHS spends fund-                   man, I demand a recorded vote.
                                            course they were perfectly happy. One                   ing for better detection systems, we’ve                  The Acting CHAIRMAN. Pursuant to
                                            machine, Mr. Chairman, would have                       withheld funding from a key asset,                     clause 6 of rule XVIII, further pro-
                                            taken the place of all of those trace de-               namely, their new headquarters build-                  ceedings on the amendment offered by
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                                            tection machines in that lobby.                         ing, until the Department submits an                   the gentleman from Kentucky will be
                                              And so we came up with a screener                     expenditure plan for checkpoint and                    postponed.
                                            cap mainly to force TSA to bring tech-                  explosive detection systems. We do be-                 AMENDMENT NO. 30 OFFERED BY MR. ELLSWORTH
                                            nology to bear on the detection of ex-                  lieve that this will provide a rather                    Mr. ELLSWORTH. Mr. Chairman, I
                                            plosive devices in briefcases and bag-                  powerful incentive for TSA to become                   offer an amendment.



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                  H6463
                                              The Acting CHAIRMAN. The Clerk                        wrong for government contractors who                   contractor certification included in the
                                            will designate the amendment.                           owe millions and accumulated billions                  eventual conference report.
                                              The text of the amendment is as fol-                  of dollars in unpaid taxes to continue                   Again, I’d like to thank the chairman
                                            lows:                                                   to be awarded Federal contracts when                   for his support, but I do ask unanimous
                                              Amendment No. 30 offered by Mr. ELLS-                 their taxes are not paid. Not only do                  consent to withdraw this amendment.
                                            WORTH:                                                  these bad actors cheat our government                    The Acting CHAIRMAN. Without ob-
                                              At the end of the bill (before the short              of tax revenue; they gain an unfair ad-                jection, the amendment is withdrawn.
                                            title), add the following new section:                                                                           There was no objection.
                                              SEC. 544. None of the funds appropriated in
                                                                                                    vantage over the businesses that play
                                            this Act may be used to enter into a contract           by the rules.                                            AMENDMENT NO. 96 OFFERED BY MR. DEAL OF
                                            in an amount greater than the simplified ac-              Not all contractors are into gaming                                   GEORGIA
                                            quisition threshold unless the prospective              the system. Most are doing terrific                      Mr. DEAL of Georgia. Mr. Chairman,
                                            contractor certifies in writing to the agency           work and putting our tax dollars to                    I offer an amendment.
                                            awarding the contract that the contractor               good use. But we have a responsibility                   The Acting CHAIRMAN (Mr. ROSS).
                                            owes no Federal tax debt. For purposes of               to protect those businesses and the                    The Clerk will designate the amend-
                                            the preceding sentence, the certification re-           taxpayers’ dollars by weeding out the                  ment.
                                            quirement of part 52.209–5 of the Federal Ac-                                                                    The text of the amendment is as fol-
                                                                                                    corrupt contractors. The only way you
                                            quisition Regulation shall also include a re-
                                            quirement for a certification by a prospec-             do this is through increased oversight.                lows:
                                            tive contractor of whether, within the three-             At a time when our fiscal house is,                    Amendment No. 96 offered by Mr. DEAL of
                                            year period preceding the offer for the con-            some say, in complete disarray and                     Georgia:
                                            tract, the prospective contractor—                      deficits continue to grow, we cannot                     At the end of the bill (before the short
                                              (1) has or has not been convicted of or had           continue to allow companies to receive                 title) insert the following new section:
                                            a civil judgment rendered against the con-                                                                       SEC. ll. None of the funds made available
                                                                                                    Federal tax dollars while shirking their               in this Act may be used to destroy or put to
                                            tractor for violating any tax law or failing to         own tax responsibilities.
                                            pay any tax;                                                                                                   pasture any horse or mule belonging to the
                                                                                                      Mr. Chairman, I respectfully ask my                  United States that has become unfit for serv-
                                              (2) has or has not been notified of any de-
                                                                                                    colleagues to support this amendment.                  ice.
                                            linquent taxes for which the liability re-
                                            mains unsatisfied; or
                                                                                                      Mr. Chairman, I reserve the balance                    The Acting CHAIRMAN. Pursuant to
                                              (3) has or has not received a notice of a tax         of my time.                                            the order of the House of today, the
                                            lien filed against the contractor for which               Mr. PRICE of North Carolina. Mr.                     gentleman from Georgia (Mr. DEAL)
                                            the liability remains unsatisfied or for which          Chairman, I move to strike the last                    and a Member opposed each will con-
                                            the lien has not been released.                         word.                                                  trol 5 minutes.
                                               The Acting CHAIRMAN. Pursuant to                       Mr. Chairman, I want to commend
                                                                                                                                                             The Chair recognizes the gentleman
                                            the order of the House of today, the                    the gentleman from Indiana for this
                                                                                                                                                           from Georgia.
                                            gentleman from Indiana (Mr. ELLS-                       very well-conceived amendment, Mr.                       Mr. DEAL of Georgia. Mr. Chairman,
                                            WORTH) and a Member opposed each                        ELLSWORTH’s proposing that the De-                     I realize it’s late, and I’ll be brief.
                                            will control 5 minutes.                                 partment of Homeland Security be pro-                    We’ve talked about a lot of things
                                               The Chair recognizes the gentleman                   hibited from awarding contracts to                     today. I’d like to talk about horses and
                                            from Indiana.                                           those that owe the Federal Govern-                     mules for a few minutes. Under the
                                               Mr. ROGERS of Kentucky. Mr. Chair-                   ment money. It seems pretty straight-                  current law, when a horse or a mule is
                                            man, I reserve a point of order on the                  forward and sensible, and a rule that                  deemed no longer fit for service in
                                            gentleman’s amendment.                                  we need to adopt.                                      agencies such as the Border Patrol or
                                               The Acting CHAIRMAN. A point of                        This would apply to contractors that                 Customs, the law requires that they ei-
                                            order is reserved.                                      violate tax laws, that fail to pay Fed-                ther be turned out to pasture on Fed-
                                               Mr. ELLSWORTH. Mr. Chairman,                         eral taxes, that have an unsatisfied                   eral lands, where they usually are sub-
                                            this amendment seeks to ensure that                     Federal liability.                                     ject to predators, or that they be de-
                                            none of the funds appropriated in this                    The Federal Acquisition Regulation,
                                                                                                                                                           stroyed. This amendment would simply
                                            bill may be used to enter into a con-                   fortunately, does have a rule-making
                                                                                                                                                           say that they would be allowed to be
                                            tract greater than the simplified acqui-                under way that we believe will eventu-
                                                                                                                                                           adopted by their handlers.
                                            sition threshold unless the prospective                 ally provide similar coverage to all                     This is an animal equity amendment,
                                            contractor certifies in writing to the                  Federal agencies, including DHS. But                   Mr. Chairman. We do the same thing
                                            agency awarding the contract that the                   the gentleman has anticipated that                     for dogs who have been in the service
                                            contractor owes no Federal tax debt.                    ruling. He’s got language here that                    and are allowed to be adopted by their
                                               The Federal Acquisition Regulation                   would offer protection earlier and                     handlers. This would simply allow the
                                            already requires prospective contrac-                   would confirm what we hope will be                     handlers of horses and mules to do ex-
                                            tors to certify within a 3-year period                  more general policy.                                   actly the same thing. And I would urge
                                            preceding the offer that they have not                    So it’s a very well-conceived amend-
                                                                                                                                                           the adoption.
                                            been convicted or had a civil judgment                  ment, and I commend him for it and
                                                                                                                                                             Mr. KUCINICH. Mr. Chairman, will
                                            rendered against them for the various                   hope that we can adopt it. I urge its
                                                                                                                                                           the gentleman yield?
                                            legal infractions such as tax evasion,                  adoption.                                                Mr. DEAL of Georgia. I yield to the
                                            forgery and bribery. This amendment                                       POINT OF ORDER
                                                                                                                                                           gentleman from Ohio.
                                            simply adds the following three tax                       Mr. ROGERS of Kentucky. Mr. Chair-                     Mr. KUCINICH. I want to thank the
                                            debt-related offenses: the prospective                  man, I make a point of order against                   gentleman. I want to thank him for
                                            contractor must certify that they, one,                 the amendment because it proposes to                   sponsoring this. I think it is a very hu-
                                            have or have not been convicted of a                    change existing law and constitutes                    mane and proper thing to do, and I ap-
                                            civil judgment rendered against the                     legislation in an appropriations bill                  preciate that you offered it.
                                            contractor for violating tax law or fail-               and, therefore, violates clause 2 of rule                Mr. ROGERS of Kentucky. Mr. Chair-
                                            ing to pay any tax; two, have or have                   XXI.                                                   man, will the gentleman yield?
                                            not been notified of any delinquent                       I ask for a ruling from the Chair.                     Mr. DEAL of Georgia. I yield to the
                                            taxes for which the liability remains                     The Acting CHAIRMAN. Does any                        gentleman from Kentucky.
                                            unsatisfied; and, three, have or have                   Member wish to be heard?
                                            not received a tax notice or tax lien                     Mr. ELLSWORTH. Mr. Chairman, I’d                                       b 0100
                                            filed against the contractor for which                  like to thank Chairman PRICE for his                     Mr. ROGERS of Kentucky. Mr. Chair-
                                            the liability remains unsatisfied or for                support of this important amendment                    man, I want to commend the gen-
                                                                                                    that would have taken an important                     tleman for the amendment. This is a
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                                            which the lien has not been released.
                                               Mr. Chairman, my constituents, like                  step to address waste, fraud and abuse                 horse of a different color that you have
                                            many of yours, sent me to Washington                    in the contracting process at the De-                  brought up here. And I think it is a hu-
                                            to ensure their tax dollars are spent                   partment of Homeland Security. It’s                    mane thing to do, and I congratulate
                                            wisely. And I guard their tax dollars                   my hope that we can work together to                   the gentleman. And being from horse
                                            wisely. They believe, as I do, that it’s                have this commonsense approach to                      country, I doubly appreciate it.



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                                            H6464                                              CONGRESSIONAL RECORD — HOUSE                                                      June 14, 2007
                                              Mr. DEAL of Georgia. Mr. Chairman,                      It seems bureaucrats implementing                    actly as he stated. There are too many
                                            I yield back the balance of my time.                    the Western Hemisphere Travel Initia-                  documents to allow people to travel
                                              The Acting CHAIRMAN. The ques-                        tive continue to spend large amounts                   back and forth across U.S. borders. The
                                            tion is on the amendment offered by                     of time and money to come up with                      United States discriminates against
                                            the gentleman from Georgia (Mr.                         other ‘‘alternative documents to pass-                 citizens from other nations because we
                                            DEAL).                                                  ports’’ to comply with this law. The                   require all those people that enter the
                                              The amendment was agreed to.                          answer is why? We have a secure docu-                  United States to have a passport. Be-
                                                AMENDMENT NO. 28 OFFERED BY MR. POE                 ment, the passport, that has been im-                  cause of the different special interest
                                              Mr. POE. Mr. Chairman, I offer an                     plemented and is being used. But the                   groups that have thwarted the imple-
                                            amendment.                                              Department of Homeland Security and                    mentation of passports by having other
                                              The Acting CHAIRMAN. The Clerk                        the Department of State, even though                   types of documents, those documents
                                            will designate the amendment.                           they continue to say the passport is                   are unproven. In fact, Homeland Secu-
                                              The text of the amendment is as fol-                  the ‘‘gold standard’’ for identity and                 rity is still studying those, which
                                            lows:                                                   citizenship documents because of its                   means they are spending money on try-
                                              Amendment No. 28 offered by Mr. POE:                  security, have come up with all dif-                   ing to come up with various systems.
                                              At the end of title V, add the following new          ferent types of forms and documents                      So rather than have three or four or
                                            section:                                                that they are studying. All of these                   five systems, I think it is important
                                              SEC. ll. None of the funds made available
                                            in this Act may be used by the Secretary of
                                                                                                    documents are unproven. They are                       that we have one system, as the 9/11
                                            Homeland Security to implement a plan                   called the Pass card, the BCC card, the                Commission recommended. And that
                                            under section 7209 of the Intelligence Reform           SENTRI card, the Nexus card, the Fast                  passport system is the one that is the
                                            and Terrorism Prevention Act of 2004 (Public            card. And we are spending taxpayer                     most foolproof. It will take time to im-
                                            Law 108–458; 8 U.S.C. 1185 note) that permits           money experimenting on these, while                    plement, but these other systems
                                            travel into the United States from foreign              not implementing the proven docu-                      haven’t been implemented at all.
                                            countries using any document other than a               ment like the passport.                                  So the purpose of this is to make
                                            passport to denote citizenship and identity.              So this bill would require the Depart-               sure that we are on the same page: Re-
                                               The Acting CHAIRMAN. Pursuant to                     ment of Homeland Security to use and                   quire a simple document, a passport
                                            the order of the House of today, the                    implement only passports and quit                      document, one that I have here; one
                                            gentleman from Texas (Mr. POE) and                      spending money on documents that are                   that is faster than trying to examine
                                            the gentleman from North Carolina                       unproven. And that is the purpose of                   numerous documents; one that you
                                            (Mr. PRICE) each will control 5 min-                    this amendment: to spend money on                      can, as we say, slide and glide by com-
                                            utes.                                                   passports only.                                        ing across the border. It won’t take any
                                               The Chair recognizes the gentleman                     Mr. Chairman, I reserve the balance                  more time. In fact, it will take less
                                            from Texas.                                             of my time.                                            time than some of these other unse-
                                               Mr. POE. Mr. Chairman, the amend-                      Mr. PRICE of North Carolina. Mr.                     cured documents.
                                            ment I offer today will help reduce the                 Chairman, this amendment prohibits                       So with that, I ask the approval of
                                            lengthy delays consumers are facing                     funds in the act from implementing a                   this amendment.
                                            when applying for passports, while at                   plan to permit entry into the U.S.                       Mr. Chairman, I reserve the balance
                                            the same time strengthening security                    using any identification document                      of my time.
                                            at our borders.                                         other than a passport. I understand the                  Mr. PRICE of North Carolina. Mr.
                                               The Intelligence Reform and Ter-                     security concerns that underlie this                   Chairman, I yield to our colleague from
                                            rorism Prevention Act of 2004 man-                      amendment, but I believe it over-                      New York (Mr. SERRANO).
                                            dated that the U.S. Secretaries of                      reaches considerably, and I will take                    Mr. SERRANO. Mr. Chairman, I
                                            Homeland Security and State develop                     just a minute to explain why I think                   thank the gentleman for yielding.
                                            and implement a plan to require all                     so.                                                      I think you said it well. The problem
                                            U.S. citizens and foreign nationals to                    This amendment would effectively                     here is that we have in place docu-
                                            present a passport or some other docu-                  prohibit DHS efforts to develop infra-                 mentation that is acceptable for these
                                            ment when entering the United States,                   structure or systems to process State                  kinds of crossings. Yes, as we go for-
                                            as of January 1, 2008.                                  Department passport cards for U.S.                     ward, we have to make sure that we se-
                                               For many years United States citi-                   citizens living near and commuting                     cure our borders. But to undo that
                                            zens and citizens from other countries                  across the land borders of the U.S.,                   which has been working for a while and
                                            in the Western Hemisphere have not                      thus requiring all U.S. citizens who                   that which is accepted by our State De-
                                            been required to present a passport to                  leave the U.S. to possess a passport,                  partment is just to take a step back-
                                            enter the United States. They were ad-                  which currently costs $97 for adults, $82              wards. And rather than doing that, we
                                            mitted by stating verbally that they                    for children. A passport card would                    should accept what we have now and
                                            were from a country that didn’t require                 cost less than half of that.                           build on it. And what you are proposing
                                            passports or by presenting a wide vari-                   In addition, the language would effec-               is really to take a step that would only
                                            ety of less secure documentation, in-                   tively prohibit anyone who did not                     hurt us.
                                            cluding up to 5,000 documents that our                  have a valid passport, such as perma-                    Throughout the years, the State De-
                                            border agents must be versed in.                        nent residents who lack other citizen-                 partment has worked, in the case of
                                               The 9/11 Commission in their findings                ship documents, from reentering the                    the Mexican Government, to bring
                                            highlighted ‘‘for terrorists travel docu-               U.S. If I read it correctly, that is ex-               about a proper crossing of the border
                                            ments are as important as weapons.                      actly what it would do. And it would                   for work purposes and family visits and
                                            . . . In their travels terrorists use eva-              effectively invalidate millions of Mexi-               so on. That has been in place for years.
                                            sive methods, such as altered and coun-                 can border crossing cards issued by the                That has worked. That is not the issue
                                            terfeit documents, and they study and                   State Department.                                      that we deal with when we talk about
                                            exploit America’s vulnerabilities.’’ The                  So it is an overreach, I would say,                  undocumented immigration into the
                                            9/11    Commission      rightfully    rec-              Mr. Chairman. It represents a draco-                   country. That is not the issue we deal
                                            ommended we end the practice of trav-                   nian approach to border security. It                   with when we talk about terrorist acts.
                                            eling without passports. I am glad Con-                 would adversely affect the ability of                  This is the crossing of the border in a
                                            gress took action on that recommenda-                   U.S. citizens and workers and residents                proper and safe and legal manner, and
                                            tion. However, here we are 21⁄2 years                   to move easily across the border.                      that is what we have in place, and we
                                            later, and it seems we are still going                    So I urge the House to reject the                    shouldn’t be reinventing the wheel at
                                            further and further away from putting
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                                                                                                    amendment.                                             this stage.
                                            this policy in place due to the bureauc-                  Mr. Chairman, I reserve the balance                    Mr. PRICE of North Carolina. Mr.
                                            racy in the Department of Homeland                      of my time.                                            Chairman, I yield back the balance of
                                            Security and the State Department                         Mr. POE. Mr. Chairman, with all due                  my time.
                                            through the Western Hemisphere Trav-                    respect to the chairman, I understand                    Mr. POE. Mr. Chairman, just in sum-
                                            el Initiative.                                          his concerns, but the problem is ex-                   mary, we are requiring people who fly



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                H6465
                                            into the United States to have pass-                    go to phase 2. Phase 2 says that we                      Mr. LATOURETTE. I thank my col-
                                            ports. Even people from Mexico who fly                  need to have documents as we cross the                 league.
                                            into the United States will have to                     border by land into Canada. Where                        Mr. PRICE of North Carolina. Mr.
                                            have passports. And when we fly to                      Congressman KUCINICH and I are from,                   Chairman, I move to strike the last
                                            Mexico or Canada, we have to have                       we go through Detroit or Buffalo and                   word.
                                            passports. The same is true of people                   the southern border as well. But that                    Mr. Chairman, I want to commend
                                            coming in by sea. And now it is appro-                  hasn’t been the case.                                  our colleagues for this amendment. I
                                            priate that we have that same rec-                        On Friday the two agencies an-                       certainly will not be objecting to it and
                                            ommendation for those people who                        nounced, reluctantly, that, you know                   will be happy if it is adopted. It is not
                                            travel into the United States by land.                  what? We have got it wrong, and as a                   exactly the same approach that was
                                              That is why I recommend and ask for                   result we are not going to require pass-               taken in our bill. I must say that. But
                                            the adoption of this amendment, that                    ports for air travel to the Caribbean or               I do think it is consistent with the bill.
                                            the universal document for entry into                   to Canada anymore, and that a photo                      The amendment would prohibit funds
                                            another nation be adopted.                              ID will be sufficient. However, even                   in the act from being used to imple-
                                              Mr. Chairman, I yield back the bal-                   with this chaos, the administration has                ment a plan before June 1, 2009, to com-
                                            ance of my time.                                        vowed that it will move forward with                   ply with the Intelligence Reform Act of
                                              The Acting CHAIRMAN. The ques-                        phase 2 on January 1.                                  2004 requirement to require all who
                                            tion is on the amendment offered by                       Now, I want to commend the chair-                    enter the U.S. to have passports or
                                            the gentleman from Texas (Mr. POE).                     man of the Rules Committee, Congress-                  equally valid identification. The West-
                                              The question was taken; and the Act-                  woman SLAUGHTER, for the work that                     ern Hemisphere Travel Initiative is in-
                                            ing Chairman announced that the noes                    she has done to put in this bill triggers              tended to reduce the likelihood of
                                            appeared to have it.                                    that say maybe we don’t have it right.                 entry by people who mean us ill.
                                              Mr. POE. Mr. Chairman, I demand a                     Let’s do some pilot programs and                         We believe this could be done effec-
                                            recorded vote.                                          things of that nature. But those provi-                tively in a way that doesn’t sacrifice
                                              The Acting CHAIRMAN. Pursuant to                      sions were put in this bill before this                good relations with our neighbors, that
                                            clause 6 of rule XVIII, further pro-                    disaster happened. And I don’t assume                  doesn’t cause undue hardship for U.S.
                                            ceedings on the amendment offered by                    that I am the only Member of this body                 citizens or doesn’t affect legitimate
                                            the gentleman from Texas will be post-                  that has received angry phone calls                    travel and commerce.
                                            poned.                                                  from their constituents and say, you                                     b 0115
                                              AMENDMENT OFFERED BY MR. LATOURETTE                   know what? Maybe, maybe, we just                         But we are certainly not there yet.
                                              Mr. LATOURETTE. Mr. Chairman, I                       need to slow it down.                                    Our bill fences $100 million of the $225
                                            offer an amendment.                                       So this is a complete prohibition. It                million in funding until the Depart-
                                              The Acting CHAIRMAN. The Clerk                        says to the Department of Homeland                     ment reports on the results of pilot
                                            will designate the amendment.                           Security in this bill, and we will do it               projects in Washington State, until it
                                              The text of the amendment is as fol-                  again in the State Department bill,                    provides an update on project mile-
                                            lows:                                                   saying we gave you until June of 2009                  stones, until it demonstrates that stat-
                                              Amendment offered by Mr. LATOURETTE:                  to get this right, to come up with the                 utory requirements are met and the
                                              At the end of title V, add the following new          Pass card, to come up with whatever                    system has been operationally tested,
                                            section:                                                you are going to come up. But please,                  and until it reports on privacy safe-
                                              SEC. ll. None of the funds made available             please, don’t do this to our constitu-                 guards. So we do have those kinds of
                                            in this Act may be used to implement any                ents on January 1, 2008.                               protections in this bill. We have not in-
                                            plan developed under section 7209(b)(1) of the            Mr. Chairman, at this time it is my
                                            Intelligence Reform and Terrorism Preven-                                                                      cluded a date certain, but as I said, I
                                                                                                    pleasure to yield 2 minutes to my good                 believe the inclusion of a date is com-
                                            tion Act of 2004 (Public Law 108–458; 8 U.S.C.          friend and colleague from Cleveland,
                                            1185 note) before June 1, 2009.                                                                                patible with what we’ve suggested, and
                                                                                                    Ohio, Congressman KUCINICH.                            so we will not object to this amend-
                                              The Acting CHAIRMAN. Pursuant to                        Mr. KUCINICH. Mr. Chairman, as my
                                            the order of the House of today, the                                                                           ment. We commend the gentleman for
                                                                                                    colleague Mr. LATOURETTE points out,
                                            gentleman        from     Ohio     (Mr.                                                                        offering it.
                                                                                                    our offices are getting deluged with re-                 Mr. Chairman, I yield back the bal-
                                            LATOURETTE) and a Member opposed                        quests and complaints from constitu-                   ance of my time.
                                            each will control 5 minutes.                            ents who are suffering under this back-                  Mr. LATOURETTE. Mr. Chairman,
                                              The Chair recognizes the gentleman                    log that has been created, and some of                 may I inquire as to how much time is
                                            from Ohio.                                              the action that has been taken by our                  remaining.
                                              Mr. LATOURETTE. First of all, Mr.                     Federal Government is only going to                      The Acting CHAIRMAN. The gen-
                                            Chairman, I want to compliment you                      compound it. So the amendment is                       tleman from Ohio has 11⁄2 minutes re-
                                            on the way you have conducted this de-                  aimed at being constituent-sensitive                   maining.
                                            bate. In happier times I had the privi-                 and also sensible with respect to the                    Mr. LATOURETTE. I would like to
                                            lege of being where you are, and I have                 border crossings, particularly at Can-                 thank Chairman PRICE for not only ac-
                                            to tell you, you have done a tremen-                    ada.                                                   cepting this amendment, but also for
                                            dous job and I appreciate it very much.                   I think that Members realize, and all                the work that he has done on this bill.
                                              I am pleased to offer this amendment                  of us are here as legislators, but an-                   This has been a very difficult process.
                                            with my friend, a colleague from Cleve-                 other important part of our responsi-                  And just like you, Mr. Chairman, he
                                            land, Ohio, Congressman KUCINICH.                       bility is constituent service. And every               has also had a tough go of it. It’s tough
                                              This amendment basically recognizes                   one of us knows that we have been                      to lead, it’s tough to be in the major-
                                            what I think that every Member of this                  swamped.                                               ity, it’s tough to govern, and I think
                                            House should recognize: that the imple-                   So this amendment that I am proud                    Chairman PRICE has done great work.
                                            mentation of the passport travel re-                    to work with Mr. LATOURETTE on is                        I commend the committee for the
                                            quirements in the Western Hemisphere                    aimed at not just deferring a problem,                 work they have done on this bill. And
                                            has been a disaster. The State Depart-                  but at really taking a sound and sen-                  I mentioned Chairwoman SLAUGHTER
                                            ment and Department of Homeland Se-                     sible approach to what has become a                    for the work that she put in, and that
                                            curity made an estimate, and they                       nightmare in terms of our constituents                 was her language, that $100 million.
                                            have been swamped. My constituents                      not being able to get the kind of re-                    I don’t want to be an obstructionist,
                                            call me on a regular basis saying that                  sponsiveness they have the right to ex-                but because the Republicans and Demo-
                                            they have applied for passports 12, 14,
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                                                                                                    pect on these issues that relate to visas              crats are being killed on this passport
                                            20 weeks. They don’t have their pass-                   and passports.                                         issue, even though the chairman has
                                            ports. Their trips are canceled. And                      So thank you very much, Mr.                          indicated he will accept the amend-
                                            this is a bad thing.                                    LATOURETTE, for your work on this,                     ment, I will ask for a recorded vote.
                                              You would think in the face of that                   and I am very grateful that I have a                     Mr. Chairman, I yield back the bal-
                                            track record that perhaps we wouldn’t                   chance to work with you on it.                         ance of my time.



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                                            H6466                                              CONGRESSIONAL RECORD — HOUSE                                                       June 14, 2007
                                              The Acting CHAIRMAN. The ques-                        clude a thorough vetting of those seek-                with the State Department, maintain-
                                            tion is on the amendment offered by                     ing access to the United States.                       ing records of these visa-waiver appli-
                                            the   gentleman      from  Ohio   (Mr.                    Would-be ‘‘shoe bomber’’ terrorist                   cations. Remember, you have to apply
                                            LATOURETTE).                                            Richard Reid exploited the Visa Waiver                 for that. You would prohibit the ad-
                                              The question was taken; and the Act-                  Program to board the flight he tried to                ministering of programs which air car-
                                            ing Chairman announced that the ayes                    bomb. The London subway bombing                        riers use relating to verifying travelers
                                            appeared to have it.                                    was executed in large part by British                  as qualified, visa-waiver residents.
                                              Mr. LATOURETTE. Mr. Chairman, I                       citizens with known ties to terrorism.                   So what you are going to do is you
                                            demand a recorded vote.                                 Under the Visa Waiver Program, any                     are not going to stop the program. You
                                              The Acting CHAIRMAN. Pursuant to                      British citizen can travel to the United               are just going to stop the sharing of in-
                                            clause 6 of rule XVIII, further pro-                    States without having to apply for a                   side information. And I think it’s a
                                            ceedings on the amendment offered by                    visa and without giving our govern-                    fear that hasn’t been demonstrated as
                                            the gentleman from Ohio will be post-                   ment the ability to do even a cursory                  a problem. Therefore, nothing is bro-
                                            poned.                                                  investigation as to whether he or she                  ken that needs fixing. There isn’t sup-
                                                AMENDMENT OFFERED BY MR. TANCREDO                   may have ties to a terrorist group.                    port for this program among the travel
                                                                                                    British citizen Hemant Lakhani is just                 and tourism industry, and particularly
                                              Mr. TANCREDO. Mr. Chairman, I
                                                                                                    such an example. He was busted in a                    the air carriers. And I think the fact
                                            offer an amendment.
                                                                                                    sting in New Jersey in 2003 when he                    that all these visitors have to have a
                                              The Acting CHAIRMAN. The Clerk
                                                                                                    tried to sell shoulder-fire surface-to-air             passport and those passports have to
                                            will designate the amendment.
                                                                                                    missiles to a Federal operative who he                 meet our standards, that these Visa
                                              The text of the amendment is as fol-
                                                                                                    believed to be a Somali terrorist plot-                Waiver Program visitors are very well
                                            lows:
                                                                                                    ting against American jetliners.                       protected.
                                              Amendment offered by Mr. TANCREDO:                      Mr. Chairman, we cannot give those                     Mr. PRICE of North Carolina. Mr.
                                              At the end of the bill (before the short
                                                                                                    who wish to harm us open access to                     Chairman, I reserve the balance of my
                                            title), insert the following:
                                              SEC. 544. None of the funds made available            America under the cloak of the Visa                    time.
                                            in this Act may be used to carry out the visa           Waiver Program. We need to suspend                       Mr. TANCREDO. Mr. Chairman, if
                                            waiver program under section 217 of the Im-             the program until we are equipped to                   passports alone provided the kind of se-
                                            migration and Nationality Act (8 U.S.C.                 check the criminal and terrorist back-                 curity that the gentleman suggests
                                            1187).                                                  ground of every visitor who arrives at                 they provide, then of course we would
                                              The Acting CHAIRMAN. Pursuant to                      any port of entry to confirm the iden-                 not need visas at all. Why would we im-
                                            the order of the House of today, the                    tity of each visitor using the biometric               pose this particular kind of background
                                            gentleman       from   Colorado     (Mr.                identifiers.                                           check if passports alone gave us the
                                            TANCREDO) and the gentleman from                          Mr. Chairman, I reserve the balance                  kind of security that we need to make
                                            North Carolina (Mr. PRICE) each will                    of my time.                                            sure that the people entering this
                                            control 5 minutes.                                        Mr. PRICE of North Carolina. Mr.                     country are, number one, who they say
                                              The Chair recognizes the gentleman                    Chairman, I yield to our colleague, sub-               they are, and more importantly, that
                                            from Colorado.                                          committee member, Mr. FARR.                            their backgrounds do not show any-
                                              Mr. TANCREDO. Mr. Chairman, my                          Mr. FARR. Thank you, Mr. Chair-                      thing that might suggest that they
                                            amendment simply suspends the Visa                      man, for yielding.                                     should not be allowed into the country.
                                                                                                      I rise as one of the cochairs of the                   But don’t just take my word for it.
                                            Waiver Program for fiscal year 2008.
                                                                                                    Travel and Tourism Caucus, and I rise                  Listen to what former DHS Inspector
                                              The Visa Waiver Program was estab-
                                                                                                    because I think you are trying to fix                  General Clark Kent Ervin recently
                                            lished in 1986 as a temporary, and I un-
                                                                                                    something here that isn’t broken.                      said: ‘‘We ought to be ending the Visa
                                            derline temporary, program to allow                       We have not had problems with the                    Waiver Program, not expanding it.
                                            tourists or short-term business visitors                Visa Waiver Program. In fact, it has                   There is a reason why terrorists are
                                            to enter the United States for 90 days                  worked very well. And the reason you                   keen to obtain passports from visa-
                                            or less without obtaining a visa. The                   get qualified as a country for the Visa                waiver countries. They don’t have to
                                            program was later made permanent by                     Waiver Program is because the visitors                 undergo extensive security checks.’’
                                            Congress and currently allows nation-                   from that country, all who have pass-                    So when you say there is no opposi-
                                            als of 27 countries into the United                     ports, those passports all are screened                tion to the program, I would suggest
                                            States with a simple stamp.                             and have to pass the screening before                  that that is not correct. There cer-
                                              The Visa Waiver Program ill advised-                  they get on an airplane. And so if there               tainly are people involved with the pro-
                                            ly trusts the security of our Nation to                 is such a traveler that is on the ‘‘no                 gram who feel as I do, that we need to
                                            the background check capabilities and                   fly’’ list, they would be selected out at              abandon this particular visa-waiver
                                            passport procedures of foreign govern-                  that point.                                            idea.
                                            ments. There are numerous instances                       The reason these countries have                        And the IG isn’t alone. Last Sep-
                                            of terrorists and would-be terrorists                   qualified is because they haven’t had                  tember, the Government Account-
                                            who have exploited this program, or                     people visiting our country who have                   ability Office found that stolen pass-
                                            easily could have.                                      skipped, who have stayed on, who have                  ports from visa-waiver countries are
                                              September 11 conspirator Zacharias                    violated. The visa is time certain.                    prized travel documents among terror-
                                            Moussaoui is a great example of this.                   These are frequent travelers; they are                 ists, criminals and immigration law
                                            He exploited the Visa Waiver Program                    from the countries that are our allies,                violators. Based on a State Department
                                            to travel to the United States. The 9/11                most of whom are members of NATO or                    report from January 2002 until June
                                            Commission stated that ‘‘a maximum                      other security forces. I think it is a                 2004, 28 foreign governments reported
                                            U.S. effort to investigate Moussaoui                    very bad way to go. One is it’s going to               56,943 stolen blank foreign passports.
                                            conceivably could have unearthed his                    alienate the travel and tourism indus-                 The Director of the U.S. National Cen-
                                            connections. Those connections might                    try in the United States that relies a                 tral Bureau of Interpol has said that
                                            have brought investigators to the core                  lot on foreign travelers; they spend a                 for 55 of the 181 Interpol countries,
                                            of the 9/11 plot.’’                                     lot of money in this country. And,                     there were probably over 10 million
                                              It’s an interesting case because, of                  frankly, right now visiting America is                 lost and stolen passports that might be
                                            course, he was actually under inves-                    a bargain. It is one of the best vacation              in circulation. In August of 2004, ac-
                                            tigation at the time by the French                      packages you can buy compared to                       cording to CBP, their database con-
                                            Government, by their secret service.                    costs in Europe and so on. And what                    tains 1.2 million records of stolen pass-
                                            Had we required a visa program that
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                                                                                                    you do by cutting these funds, you                     ports. Notably, between January and
                                            allowed for us to conduct that kind of                  would prohibit funds from this act                     June of 2005, DHS confiscated 298 pass-
                                            background check, we may very well                      from carrying out the Visa Waiver Pro-                 ports issued by visa-waiver countries
                                            have identified those connections and                   gram.                                                  that travelers were attempting to use
                                            not allowed him the visa. It seems                        Now, within that program is also the                 at ports of entry to fraudulently enter
                                            clear that a maximum effort would in-                   ability of DHS sharing information                     the United States.



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6467
                                              I encourage the adoption of the                         Ms. JACKSON-LEE of Texas. Mr.                        important for the Department of
                                            amendment.                                              Chairman, might I add my appreciation                  Homeland Security to adhere to its di-
                                              The Acting CHAIRMAN. The gentle-                      for the manner in which the chairman                   rective and to recognize that the re-
                                            man’s time has expired.                                 has conducted this process with the ap-                sponsibility of security of pipelines and
                                              Mr. PRICE of North Carolina. Mr.                      propriations of the Homeland Security                  critical infrastructure remains in the
                                            Chairman, I yield the balance of our                    Appropriations Committee.                              Department of Homeland Security.
                                            time to Mr. FARR.                                         Let me thank the ranking member of                      It is interesting as to whether or not
                                              Mr. FARR. Mr. Chairman, none of                       the committee and the chairman of the                  beyond the question of impacting our
                                            the facts stated by the gentleman have                  subcommittee for working with the au-                  security and our lives, that this dam-
                                            anything to do with the amendment.                      thorizers. And let me thank my chair-                  age to critical infrastructure can gen-
                                            The amendment cuts the ability for us                   man, Chairman THOMPSON of the full                     erate increased oil prices, something
                                            to manage a program which is working                    committee, the Homeland Security                       that many Americans are now saying,
                                            very well. Every one of these travelers                 Committee, for creating the committee                  enough is enough.
                                            has to get a passport; those passports                  which I Chair, the Transportation, Se-                    I would ask my colleagues to recog-
                                            have to meet our standards. They have                   curity and Critical Infrastructure.                    nize that our responsibility, the Home-
                                            to go through the screening at air-                       This amendment speaks directly to                    land Security Appropriations Com-
                                            ports. If they are on a ‘‘no fly’’ list,                the immediacy of our concerns about                    mittee that has put together a very in-
                                            they won’t be allowed on an airplane.                   pipeline security, refineries and other                clusive appropriations bill, to answer
                                            This is not the way to try to prevent                   critical infrastructure.                               the questions of the needs of America’s
                                            good visitors to this country who are                     A CRS report indicates that there are                homeland security. But we also have to
                                            allies of the United States.                            now nearly half a million miles of oil                 recognize that we have to be diligent,
                                              And, frankly, adopting this amend-                    and gas transmission pipelines across                  we have to be vigilant, and we have to
                                            ment is not only going to create an in-                 America. We got a wake-up call just a                  make sure that we are in front of the
                                            credible bureaucracy for us; it is going                few weeks ago with the discovery of a                  ideas, the threats, of those perpetra-
                                            to create an alienation among coun-                     possible plot to blow up the fuel lines                tors who would want to do us harm.
                                            tries that we get along with very well                  at John F. Kennedy Airport. Now we                        The half a million miles of pipelines,
                                            and have allowed a visa waiver. With-                   understand that we have a dilemma,                     the many, many refineries, speaks
                                            out it, every one of these would have to                and that dilemma requires the Depart-                  loudly and volumes to the necessity of
                                            flood a foreign council. And you would                  ment of Homeland Security to consider                  creating a vulnerability assessment of
                                            have frequent travelers unable to get                   assessing the vulnerability of pipelines,              those pipelines and refineries and other
                                            to the United States and be a good                      refineries and other critical infrastruc-              critical infrastructure around the
                                            tourist and good visitors of our country                ture around America.                                   United States.
                                            and good friends.                                         Natural gas, gasoline, petroleum and                    I would ask that my colleagues sup-
                                              I don’t think in nation building that                 other pipelines can produce cata-                      port this amendment, and I would ask
                                            this is the way that you want to attack                 strophic fires and explosions when they                additionally that the Department of
                                            the problem. So I ask for a ‘‘no’’ vote                 fall, and it is imperative that we begin               Homeland Security have as one of its
                                            on this amendment.                                      to assess the vulnerabilities of such.                 chief responsibilities the vulnerability
                                              Mr. PRICE of North Carolina. Mr.                        A weekly bulletin from the U.S. De-                  assessment of these critical infrastruc-
                                            Chairman, I yield back the balance of                   partment of Homeland Security and                      ture sites.
                                            my time.                                                FBI told law enforcement officials and                    Mr. Chairman, I reserve the balance
                                              The Acting CHAIRMAN. The ques-                        businesses this week that the Inde-                    of my time.
                                            tion is on the amendment offered by                     pendence Day holiday might make an                        Mr. PRICE of North Carolina. Mr.
                                            the gentleman from Colorado (Mr.                        attack more appealing.                                 Chairman, I move to strike the last
                                            TANCREDO).                                                                                                     word.
                                                                                                                      b 0130                                  Mr. Chairman, I want to commend
                                              The question was taken; and the Act-
                                            ing Chairman announced that the noes                      This was an article in 2005. The bul-                our colleague for her effective focus on
                                            appeared to have it.                                    letin said important economic infra-                   this issue of pipeline safety and her
                                              Mr. TANCREDO. Mr. Chairman, I de-                     structure like refineries are possible                 good work on the authorizing com-
                                            mand a recorded vote.                                   targets for terrorists.                                mittee and her coming here at this
                                              The Acting CHAIRMAN. Pursuant to                        We need to assess the vulnerabilities                very late hour to offer this very fine
                                            clause 6 of rule XVIII, further pro-                    of our refineries and pipelines.                       amendment. I am pleased on behalf of
                                            ceedings on the amendment offered by                      Another article said, apparently                     the majority to accept the amendment.
                                            the gentleman from Colorado will be                     some international terrorists have tar-                   Ms. JACKSON-LEE of Texas. Mr.
                                            postponed.                                              geted our oil refining assets in the                   Chairman, I am absolutely delighted. It
                                                                                                    United States as potential targets. FBI                means America will be safer.
                                             AMENDMENT OFFERED BY MS. JACKSON-LEE OF
                                                            TEXAS
                                                                                                    Director Mueller said between 1999 and                    I thank the Chair for this opportunity to ex-
                                                                                                    2001, the FBI prevented 10 possible do-                plain my amendment to H.R. 2638, the
                                              Ms. JACKSON-LEE of Texas. Mr.
                                                                                                    mestic terrorist incidents, including                  ‘‘Homeland Security Appropriations Act for Fis-
                                            Chairman, I offer an amendment.
                                                                                                    two potentially large scale, high cas-                 cal Year of 2008.’’ As a member of the Home-
                                              The Acting CHAIRMAN. The Clerk
                                                                                                    ualty attacks by right wing groups,                    land Security Committee and the chair of the
                                            will designate the amendment.
                                                                                                    and the planned bombing of a trans-                    Transportation Security and Infrastructure Pro-
                                              The text of the amendment is as fol-
                                                                                                    Alaska pipeline in 1999. Our pipelines                 tection Subcommittee, I am pleased to offer
                                            lows:
                                                                                                    are on the front lines of terrorists.                  this amendment, which enhances the bill by
                                              Amendment offered by Ms. JACKSON-LEE of                 A New York Post article said for                     requiring the Department of Homeland Secu-
                                            Texas:
                                              At the appropriate place, insert the fol-
                                                                                                    years, city residents have questioned                  rity to conduct a security vulnerability study of
                                            lowing:                                                 the safety of the 40 year old artery that              the Nation’s pipelines and refineries.
                                              SEC. ll. Critical Infrastructure Vulner-              pumps jet fuel, heating and diesel oil                    Less than two weeks ago, four would-be ter-
                                            ability                                                 and gasoline into the city, and some                   rorists were arrested for hatching a plot to
                                              None of the funds in this Act may be used             have even cited the pipeline as a poten-               blow up John F. Kennedy Airport and swaths
                                            to limit the implementation of Homeland                 tial terrorist attack.                                 of Queens by attacking fuel tanks and an un-
                                            Security Presidential Directive 7 (HSPD–7).               We saw what happened when this al-                   derground pipeline in the hope of igniting a
                                              The Acting CHAIRMAN. Pursuant to                      legation of terrorism that is still being              catastrophic explosion that would surpass the
                                            the order of the House of today, the                    investigated was uncovered regarding
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                                                                                                                                                           horrific devastation visited upon the Nation on
                                            gentlewoman from Texas (Ms. JACK-                       the John F. Kennedy pipeline. We have                  September 11.
                                            SON-LEE) and a Member opposed each                      to get in front of this. We have to be                    Because of their length, ubiquity, and re-
                                            will control 5 minutes.                                 preventive. Our committee will go for-                 moteness, pipelines can be nearly impossible
                                              The Chair recognizes the gentle-                      ward having oversight hearings on                      to defend. Natural gas, gasoline, petroleum,
                                            woman from Texas.                                       these important questions. But it is                   and other pipelines can produce catastrophic



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                                            H6468                                              CONGRESSIONAL RECORD — HOUSE                                                       June 14, 2007
                                            fires and explosions when they fail. ‘‘Environ-           Unfortunately, there are no provi-                   it renders unclear why this amendment
                                            mental’’ damage aside, these events can kill            sions for enforcement. Therefore, many                 is necessary or what effect it is likely
                                            and injure people, and the casualties can be            local governments adopt policies that                  to have.
                                            worse when pipelines are located near popu-             explicitly prevent their police officers                 I would yield to the gentleman, and I
                                            lated areas.                                            from cooperating with immigration                      would appreciate his responding to a
                                               We need to ensure that everything that can           and Customs enforcement agents.                        few questions that would help us un-
                                            be done to secure the Nation’s pipelines and              A recent example of this increasingly                derstand the thrust of this amendment.
                                            refineries is being done. There may be, of              brazen defiance of Federal law is the                    Does the gentlemen know of any DHS
                                            course, other actions that pipeline and refinery        City of San Francisco. Just a couple of                funding today that is used in con-
                                            operators can and must do to reduce the                 months ago, Mayor Gavin Newsome as-                    travention of section 642(a) of the 1996
                                            threats terrorists could present.                       sured a concerned audience that he                     Immigration Act?
                                               My aim of my amendment is to increase the            would ‘‘not allow any of his depart-                     Mr. TANCREDO. Mr. Chairman, the
                                            knowledge base pertaining to potential                  ment heads or anyone else associated                   issue is not whether DHS funding is
                                            vulnerabilities of a critically important segment       with the city to cooperate in any way,                 used in contravention. It is whether or
                                            of the Nation’s economic infrastructure so that         shape or form with these immigration                   not there is any penalty to be assessed
                                            effective countermeasures can be taken to               raids.’’ Unfortunately, San Francisco is               to enforce the law that is on the books.
                                            protect the public health, safety, and welfare.         not is not the only jurisdiction in this               Naturally there has been no suit
                                               For these reasons, I urge the adoption of            category.                                              brought or whatever because there is
                                            this amendment.                                           When local governments refuse to                     no penalty in the law itself. What we
                                               Mr. Chairman, I am very happy to                     share information with Federal immi-                   are doing here is providing a penalty
                                            yield back the balance of my time.                      gration authorities, police departments                for the violation of the law.
                                               The Acting CHAIRMAN. The ques-                       often stop and/or arrest criminal aliens                 Mr. PRICE of North Carolina. The
                                            tion is on the amendment offered by                     time and time again, only to release                   question is, do you know of any viola-
                                            the gentlewoman from Texas (Ms.                         them without ever checking their im-                   tions that have occurred?
                                            JACKSON-LEE).                                           migration status. As a result, instead                   Mr. TANCREDO. Yes, I most cer-
                                               The amendment was agreed to.                         of being deported, these aliens move on                tainly do, and I have brought them to
                                             AMENDMENT NO. 7 OFFERED BY MR. TANCREDO                to commit other crimes.                                the attention of the body. There are
                                              Mr. TANCREDO. Mr. Chairman, I                           The City of Denver also has a sanc-                  many, many more like this.
                                            offer an amendment.                                     tuary city policy that violates Federal                  Mr. PRICE of North Carolina. You
                                              The Acting CHAIRMAN. The Clerk                        law. Their police manual explicitly                    are aware of DHS funding that has
                                            will designate the amendment.                           prohibits officers from initiating ac-                 been used in contravention?
                                              The text of the amendment is as fol-                  tions whose objective is to ‘‘discover                   Mr. TANCREDO. No. The question
                                            lows:                                                   the immigration status of a person.’’                  was am I aware of any violations of the
                                                                                                      Mr. Chairman, I can tell you from my                 law, and the answer is yes, many viola-
                                              Amendment        No.   7    offered by  Mr.
                                            TANCREDO:                                               own experience that there have been                    tions of the law.
                                              At the end of the bill (before the short              numerous occasions where this sanc-                      Mr. PRICE of North Carolina. I am
                                            title), insert the following:                           tuary city policy in Denver alone has                  asking about DHS funding, Homeland
                                              SEC. 544. None of the funds made available            resulted in the deaths of individuals,                 Security funding, which, after all, is
                                            in this Act may be used in contravention of             and certainly other kinds of crimes                    the department we are appropriating
                                            section 642(a) of the Illegal Immigration Re-           being perpetrated, because people that                 for.
                                            form and Immigrant Responsibility Act of                were involved with these murders and/                    Mr. TANCREDO. That is correct. I
                                            1996 (8 U.S.C. 1373(a)).                                                                                       am trying to assess a penalty for a vio-
                                                                                                    or manslaughter charges that were
                                              The Acting CHAIRMAN. Pursuant to                      brought against them were illegal                      lation of the law, and this is the pen-
                                            the order of the House of today, the                    aliens. They had come in contact at                    alty that I believe is appropriate.
                                            gentleman      from     Colorado     (Mr.               some time in the past with the authori-                  Mr. PRICE of North Carolina. Let me
                                            TANCREDO) and a Member opposed each                     ties, but because of these sanctuary                   maybe phrase this another way. Is dis-
                                            will control 5 minutes.                                 city policies, none of the authorities                 aster relief funding being used in con-
                                              The Chair recognizes the gentleman                    were able to communicate with ICE                      travention of this section?
                                            from Colorado.                                          and therefore, of course, these people                   Mr. TANCREDO. At the present time,
                                              Mr. TANCREDO. Mr. Chairman, I                         went undetected and otherwise almost                   it is not. But if we pass this amend-
                                            yield myself such time as I may con-                    certainly would have been taken into                   ment, it would be, yes. There has to be
                                            sume.                                                   custody and deported and those crimes                  some sort of penalty assessed to the
                                              Mr. Chairman, this is an amendment                    would not have been committed.                         law that is already on the books or, of
                                            that I offered many times in the past.                    Mr. Chairman, I reserve the balance                  course, it is of no value. That is why so
                                            It was actually passed by the House, I                  of my time.                                            many cities have adopted these sanc-
                                            believe, in the last session. The fact is                 Mr. PRICE of North Carolina. Mr.                     tuary city programs, and that is why
                                            that we need to, unfortunately, run at                  Chairman, I move to strike the last                    we have to do something about it.
                                            it again.                                               word.                                                    Mr. PRICE of North Carolina. Let me
                                              My amendment would prevent State                        Mr. Chairman, section 642(a) of the                  ask about DHS grant dollars generally.
                                            and local governments who refuse to                     Illegal Immigration Reform and Immi-                   Have they been used in contravention
                                            share information with Federal immi-                    grant Responsibility Act of 1996 pro-                  of this section?
                                            gration authorities from obtaining                      hibits governments from withholding                      Mr. TANCREDO. Mr. Chairman, any
                                            Federal funds under this act. These are                 immigration-related data when it is re-                first responder money, any of the
                                            so-called sanctuary policies, and they                  quested by other government entities                   money we are talking about here in
                                            are not only misguided and dangerous,                   with a legitimate need for the informa-                San Francisco, is currently appro-
                                            but they also are illegal.                              tion. This amendment, which our                        priated in violation of the law, actu-
                                              That is an interesting aspect of this                 friend from Colorado has offered many                  ally, and what this would do is estab-
                                            that we have brought to the attention                   times before, would prevent DHS from                   lish that fact.
                                            of the Congress many times in the                       awarding funds to any government en-                     Mr. PRICE of North Carolina. I am
                                            past. There is in fact a law. It has been               tity that fails to comply with the law.                asking though what evidence exists
                                            on the books now for over 10 years.                       Now, as far as I know, Mr. Chairman,                 that this is actually a problem.
                                            Section 642 of the Illegal Immigration                  the Department of Homeland Security                      Mr. TANCREDO. Mr. Chairman, if
                                            Reform and Immigrant Responsibility                     has never reported a failure to comply                 the gentleman would yield further,
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                                            Act of 1996 already makes it illegal for                with the law, with this underlying law.                there are innumerable cases we could
                                            a State or local government to block                    The Justice Department has never filed                 cite, and certainly I did, of where cities
                                            communications between State and                        suit against any entity for violating                  were in contravention of the law. They
                                            local police and Federal immigration                    this statute. So I don’t know how our                  described themselves as sanctuary cit-
                                            enforcement authorities.                                friend would explain that. I would say                 ies. They have said they will not in



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                  H6469
                                            fact obey the law, the 1996 law that I                    Mr. SERRANO. Mr. Chairman, this                      temporarily, their whole sanctuary
                                            have already described, that we have                    may be one of those classic moments                    city policy, and they did take it away
                                            laid out, section 642 of the Illegal Im-                where we are dealing with something                    for a while because of that. They have
                                            migration Reform and Immigrant Re-                      that really isn’t broken. The fact of life             sort of reimposed it.
                                            sponsibility Act.                                       is that everybody at every local gov-                    Also, the 9/11 hijackers, had we
                                              Mr. PRICE of North Carolina. Re-                      ernment and in every locality through-                 known that they had been stopped be-
                                            claiming my time, New York City has                     out this country knows what the law is                 fore, which they actually had, if they
                                            a law on the books, for example, that                   and knows how to react to that law.                    had come in contact with the police,
                                            prohibits the provision of Immigration                  People are not withholding informa-                    which they did, we may have been able
                                            information to the Federal Govern-                      tion from the Federal Government.                      to stop them had we not had sanctuary
                                            ment, I understand. Would this amend-                     What happens, however, on many oc-                   city policies in place, not just in New
                                            ment prohibit any DHS funding to New                    casions, is that local communities will                York but throughout the country.
                                            York City?                                              make a statement, and basically it is a                  These are cities violating the law at
                                              Mr. TANCREDO. Yes. The fact is if                     statement in many cases, in most                       the present time. Honestly, I am not
                                            they chose to maintain this particular                  cases, saying that that area is a sanc-                trying to make new law, just enforce
                                            program, it would prohibit the funding.                 tuary, meaning that they look at the                   existing law.
                                              Mr. PRICE of North Carolina. The                      immigration issue differently than you                   The Acting CHAIRMAN. The ques-
                                            answer is yes. Reclaiming my time, it                   may in other parts of the country. But                 tion is on the amendment offered by
                                            is a simple straightforward question.                   it doesn’t mean that they flaunt the                   the gentleman from Colorado (Mr.
                                            Border Patrol agents are funded in this                 law, that they laugh at the law, that                  TANCREDO).
                                            bill. If DHS were to find that a border                 they will not participate.                               The question was taken; and the Act-
                                            city or county were in contravention of                   I assure you that in the case of New                 ing Chairman announced that the noes
                                            section 642(a), would this provision re-                York City, where the scene of the                      appeared to have it.
                                            quire them to remove all Border Patrol                  crime took place on September 11, no                     Mr. TANCREDO. Mr. Chairman, I de-
                                            agents from that city or county?                        one in that city government, no one in                 mand a recorded vote.
                                              Mr. TANCREDO. They are not pro-                       that State government, is interested in                  The Acting CHAIRMAN. Pursuant to
                                            tecting the city. They are protecting                   doing anything else but complying                      clause 6 of rule XVIII, further pro-
                                            the border.                                             with every law that will help us secure                ceedings on the amendment offered by
                                              The Acting CHAIRMAN. The gentle-                      our borders and protect our city.                      the gentleman from Colorado will be
                                            man’s time has expired. The gentleman                                                                          postponed.
                                                                                                                      b 0145
                                            from Colorado has 2 minutes remain-                                                                                   AMENDMENT OFFERED BY MR. ROYCE
                                            ing.                                                      But we in that city look at immigra-
                                                                                                                                                             Mr. ROYCE. Mr. Chairman, I offer an
                                              Mr. TANCREDO. Mr. Chairman, I                         tion different than other people in
                                                                                                                                                           amendment.
                                            would like to yield 1 minute to the gen-                other parts of the country, perhaps. We
                                                                                                                                                             The Acting CHAIRMAN. The Clerk
                                            tleman from Iowa (Mr. KING).                            don’t see immigrants as a problem to
                                                                                                                                                           will designate the amendment.
                                              Mr. KING of Iowa. Mr. Chairman, I                     society that we have to somehow cre-
                                                                                                                                                             The text of the amendment is as fol-
                                            thank Mr. TANCREDO for yielding.                        ate a problem for them.
                                                                                                                                                           lows:
                                              Mr. Chairman, I would take it to                        So sanctuary movements, which inci-
                                                                                                                                                             Amendment offered by Mr. ROYCE:
                                            this, that one thing that has happened                  dentally    are   growing    throughout
                                                                                                                                                             At the end of the bill (before the short
                                            with these sanctuary policies is the cit-               churches of all denominations through-                 title), insert the following:
                                            ies have gotten together, I think I                     out the country in very conservative                     SEC. ll. None of the funds made available
                                            looked at the same attorney opinion,                    and in very liberal areas, those move-                 in this Act for customs and border protec-
                                            and tried to find a loophole, and in                    ments are simply statements by com-                    tion fencing, infrastructure, and technology
                                            many of these sanctuary policies it                     munities saying we see the immigra-                    may be used for anything but at least two
                                            says if you are an employee of the city,                tion issue from a humane point of view.                layers of reinforced fencing and roads pursu-
                                            you shall not gather information. If                    We see it differently than other people.               ant to section 102 of Public Law 104–208.
                                            you are prohibited from gathering,                      We don’t think these people are prob-                    The Acting CHAIRMAN. Pursuant to
                                            then you don’t have any information to                  lems for the country. Let’s work to re-                the order of the House of today, the
                                            share with the law enforcement people                   solve the problem in a proper way.                     gentleman from California (Mr. ROYCE)
                                            who do enforce our Immigration laws.                      This, again, is a classic case of com-               and the gentleman from California (Mr.
                                            That is one of the loopholes that is                    ing to the House floor and saying, one,                FARR) each will control 5 minutes.
                                            there.                                                  we are going to tell local governments                   The Chair recognizes the gentleman
                                              But the philosophy here is really the                 what to do, something that side does                   from California.
                                            difference. There are two trains of                     not usually like to do, and in this case                 Mr. ROYCE. Mr. Chairman, I yield
                                            thought. One of them says if you en-                    freedom of speech. Simply a statement                  myself such time as I may consume.
                                            force immigration law in my commu-                      by many communities that they see                        I want to start off by thanking Mrs.
                                            nity, people won’t come forward and                     immigration in a different way and we                  BLACKBURN, Messrs. KING, HUNTER,
                                            report other laws, like domestic abuse                  should not be badgering them and cre-                  FRANKS, BILBRAY, Ms. GINNY BROWN-
                                            or whatever. And the other side is, how                 ating issues where issues do not exist.                WAITE, Mrs. CAPITO, and Mrs. DRAKE
                                            in the world can you enforce some laws                    Mr. Chairman, I yield back the bal-                  for all coming together and working
                                            and not others?                                         ance of my time.                                       towards this amendment.
                                              This is a statute that is clear on the                  Mr. TANCREDO. Mr. Chairman, talk-                      This amendment will give badly
                                            books. Mr. TANCREDO is seeking to en-                   ing about not telling local commu-                     needed funding to the border security
                                            force that statute. And the decision                    nities what they should do, we have a                  fence as provided by the law in the Se-
                                            needs to be made by the cities, do you                  law. It is on the book. I am not impos-                cure Fence Act. Congress authorized it
                                            like your Homeland Security funding?                    ing new legislation telling commu-                     last year, provided funding to get it
                                            Is the funding that comes from the                      nities what to do, I am simply assess-                 started in the 2007 DHS spending bill.
                                            Federal Government that provides that                   ing a penalty for the law that already                   The point I would like to make, al-
                                            security in those cities worth more to                  exists.                                                though Congress mandated the con-
                                            you than your sanctuary policy? That                      It is interesting that the gentleman                 struction of 847 miles of fencing, to
                                            is the bottom line. Federal law has got                 would bring up New York City. As a                     date only 13.01 miles have been com-
                                            to prevail.                                             matter of fact, in New York City there                 pleted. And as you know, it is supposed
                                                                                                    was a case where there was a woman                     to be a double-border fence, and only
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                                              Mr. SERRANO. Mr. Chairman, I am
                                            opposed to the bill, and I claim the                    brutally raped by five people, four of                 one-half of the 13.01 miles is completed
                                            time in opposition.                                     whom were illegal immigrants and had                   in the sense it is only one side of the
                                              The Acting CHAIRMAN. The gen-                         already come in contact with the po-                   fence.
                                            tleman from New York is recognized                      lice many times. It was that case that                   So the amendment being offered
                                            for 5 minutes.                                          made New York City rethink, albeit                     today takes funding made available in



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                                            H6470                                              CONGRESSIONAL RECORD — HOUSE                                                      June 14, 2007
                                            the bill for border protection and di-                  must say it has been very interesting                  and infrastructure development. With-
                                            rects it to the fencing.                                tonight. There has been a lot of discus-               out a problem, you don’t need to fix it.
                                               This amendment will give the admin-                  sion about fences and very little dis-                   If you want to build a fence where
                                            istration, I think, what it needs to con-               cussion about Homeland Security                        the terrorists are coming, then build
                                            struct the remaining portions of the                    which is what this budget is all about.                that fence across the Canadian border.
                                            border fence. It is vital to national se-                  It is interesting, in traveling the bor-              Mr. Chairman, I reserve the balance
                                            curity. I had a number of hearings                      der and talking to the Border Patrol,                  of my time.
                                            down on the border when I was chair-                    there was never, never a request for                     Mr. ROYCE. Mr. Chairman, yielding
                                            man of the Terrorism and Non-                           this. What you are doing, very inter-                  myself the time, I chaired the com-
                                            proliferation Subcommittee. But Bor-                    esting in this amendment, you say                      mittee meetings down on the border.
                                            der Patrol told me about the effective-                 ‘‘none of the funds made available in                  Mahmoud Qurani crossed that border
                                            ness of the fence. There are over 400 at-               this act for customs and border protec-                in the trunk of a car, an agent for
                                            tacks on Border Patrol agents a year.                   tion fencing, infrastructure, and tech-                Hezbollah, whose brother, by the way,
                                            They need this fence. They find it is a                 nology may be used for anything but at                 was in charge of the southern front in
                                            great force multiplier. It extends their                least two layers of reinforced fencing                 the attack on Israel recently. He came
                                            capacity. It allows them the discretion                 and roads.’’                                           across in the trunk of a car.
                                            to redeploy agents to areas where they                     No technology, no infrastructure,                     I have talked to Border Patrol agents
                                            are not vulnerable or at risk.                          just got to build two fences. Wait a                   who have made apprehensions on that
                                               Frankly, I think we have a difference                minute. This committee went to a lot                   border, and I can tell you the San
                                            of opinion on how important it is to                    of effort to find out how to prioritize                Diego fence has not only cut the crime
                                            follow the law under the Secure Fence                   spending. What we heard from the ex-                   rate by half in San Diego, but also on
                                            Act with the administration.                            perts is follow risk management prin-                  the Mexican side, and nobody has de-
                                               Mr. Chairman, I yield 2 minutes to                   ciples.                                                signed a way to get around the San
                                            the gentleman from Iowa (Mr. KING).                        And the question was asked in com-                  Diego fence. This double-border fence
                                               Mr. KING of Iowa. Mr. Chairman, I                    mittee: Where is the risk on our bor-                  works. It is what the Border Patrol has
                                            thank the gentleman from California                     der? Where have we seen terrorism?                     asked me for and testified up here for.
                                            for yielding.                                           And guess what the head of the Border                    And 69 percent in the polling last
                                               I want to clarify what this amend-
                                                                                                    Patrol said, the Customs and Border                    night by Rasmussen, actually the poll-
                                            ment does. It does really two things.
                                                                                                    Patrol Commissioner said, when asked                   ing was on the 12th, 69 percent of the
                                            One is it directs the $1 billion already
                                                                                                    about how many terrorists we have ap-                  public say they want, they favor an ap-
                                            in the bill to go to the 854 miles of the
                                                                                                    prehended or found on the Mexico-U.S.                  proach focusing on securing the border
                                            most critical areas of the border that
                                                                                                    border? The answer was zero. How                       with this kind of approach. Only 20 per-
                                            were identified in the Secure Fence
                                                                                                    much material have you apprehended                     cent of people want Congress to try to
                                            Act. The first thing is put the re-
                                                                                                    on that border? The answer was zero.                   pass the immigration reform bill that
                                            sources where they are the most crit-
                                            ical, where Congress has, by more than                     When asked about the northern bor-                  failed in the Senate last week.
                                                                                                    der the answer was yes, we have appre-                   Mr. FARR. Mr. Chairman, this gold-
                                            a 2-to-1 margin in the House, said let’s
                                                                                                    hended terrorists coming across that                   plated fence costs $3 million a mile. To
                                            do this. And the Senate has said by a
                                                                                                    border, and we have apprehended mate-                  do that takes money away from tech-
                                            more than 4-to-1 margin, 80–19, let’s
                                            build this 854 miles.                                   rial coming across that border.                        nology and infrastructure. It takes
                                               The second thing that the bill does is                  So based on risk management, if this                money from effective border control.
                                            that it confines the billion dollars to                 is about terrorism, the fence is not an                Effective control is where they detect
                                            fence and access roads. You have to                     issue. I think this fence discussion here              and apprehend. That is what they want
                                            have roads to build it, and you have to                 has created fence bulimia. That is all                 the money spent on, being able to de-
                                            have roads to maintain it. What the ad-                 we can talk about, and it is only one                  tect and apprehend. This takes money
                                            ministration has demonstrated is out                    fence, and now you want to build it                    away from doing effective border secu-
                                            of the $1.187 billion that we appro-                    double when the customs people don’t                   rity. I oppose the amendment.
                                            priated last year, they spent perhaps                   even ask for that.                                       Mr. Chairman, I yield back the bal-
                                            $30 million on real fence, the 13.01                       We are sitting here as fence man-                   ance of my time.
                                            miles that Mr. ROYCE addressed. The                     agers here in Washington and have                        Mr. PRICE of North Carolina. Mr.
                                            balance of that is on virtual tech-                     nothing to do with trying to patrol                    Chairman, I move to strike the last
                                            nology.                                                 that border. This is cutting off funds                 word.
                                               Now we need some virtual tech-                       for technology and infrastructure. If                    I am intrigued by the suggestion that
                                            nology; but overall, this will provide in               there is anything that is needed along                 Border Patrol officials have come re-
                                            the end $2.2 billion. And of that, $1 bil-              that border, it is infrastructure. This is             questing this kind of approach for pro-
                                            lion is set aside for physical structures,              like building a huge levee on one side                 tecting the border. I have never heard
                                            fence and roads. The balance of that,                   of the river and not taking care of any-               any Border Patrol official make such a
                                            the decision can be made by DHS as to                   thing on the other side.                               request.
                                            whether that is virtual and real or                        I will tell you, if you are going to                  On the contrary, during our travels
                                            whatever combination.                                   have security, you are going to have to                on the southwest borders and in talk-
                                               So we are asking for $1 billion of the               have a much more comprehensive ap-                     ing to officials here in Washington, Mr.
                                            overall $2.2 billion to go to physical                  proach. Mexico is our important ally.                  FARR is absolutely correct. The first
                                            fence and access roads. That is con-                    It is our neighbor. It is our leading                  thing they say is this isn’t an enforce-
                                            sistent with what Congress has passed                   trade partner with the State of Cali-                  ment problem alone, it requires a com-
                                            by a large margin.                                      fornia which the gentleman is from. It                 prehensive immigration reform effort.
                                               What is so important about this that                 has the busiest border between Cali-                     The second thing they say is that one
                                            isn’t brought into this debate is the                   fornia and Mexico. More people cross                   size does not fit all in terms of border
                                            fact that there are $65 billion worth of                that border every day and more legiti-                 protection. The gentleman cites the
                                            illegal drugs coming across that south-                 mate commerce cross that border than                   San Diego example. Yes, that may well
                                            ern border. Ninety percent of the ille-                 any other place in the world.                          be a situation where a fence is called
                                            gal drugs that come into America come                      And we are doing that with existing                 for. But the people who know the most
                                            there. The force of that $65 billion is                 resources. Guess what, they are work-                  about this and who are charged with
                                            overpowering, and no amount of vir-                     ing because the committee has put in                   protecting us every day invariably say
                                                                                                                                                           that different technologies, different
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                                            tual fence is going to stop a real drug                 some very good detection systems
                                            cartel that is pushing on all 2,000 miles               using smart cards and other things.                    kinds of barriers, vehicle barriers, pe-
                                            of that border and will find the weak                      I think this amendment does abso-                   destrian barriers, barriers that might
                                            spots.                                                  lutely the opposite of what you want to                be suited to one kind of terrain rather
                                               Mr. FARR. Mr. Chairman, I rise in                    do. This doesn’t secure the border, this               than another, electronic surveillance,
                                            opposition to the amendment, and                        takes money away from technology                       there are a range of technologies that



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                               H6471
                                            are required here. This is an incredible                aliens, usually illegal immigrants,                      Mr. Chairman, I rise to oppose this
                                            amendment. This amendment forgoes                       from particular countries under tem-                   amendment and in the strongest pos-
                                            any kind of analytical effort and exam-                 porary protected status. Congress in-                  sible terms. The amendment would pro-
                                            ination of differences and simply says                  tended this provision to live up to its                hibit funds made available in the Act
                                            two-layer fences will be erected every-                 name and be temporary. Unfortu-                        from being used to extend temporary
                                            where.                                                  nately, a pattern of abuse has emerged                 protected status for countries covered
                                              And by the way, this is far more ex-                  in the temporary protected status, or                  under that program.
                                            pensive than other kinds of barriers. So                TPS, program. DHS can grant TPS sta-                     Temporary protected status is a spe-
                                            whatever it is, we would build less of                  tus to the nationals of a country for as               cial immigration benefit for citizens of
                                            it. The number of miles we are talking                  long as 18 months and can later extend                 countries with severe hardships: civil
                                            about here, to build that with the kind                 the TPS period indefinitely by adding                  wars, massive natural disasters, hu-
                                            of fencing that the gentleman wants to                  extensions up to 18 months each.                       manitarian crises, some of those trou-
                                            see would cost $2 billion. That is twice                   The administration has begun to uti-                bled places in the world where people
                                            what we have in this bill; so, of course,               lize TPS as a de facto amnesty for ille-               are fleeing absolutely horrendous con-
                                            it would protect far less of the border.                gal immigrants from certain Central                    ditions. This program offers the citi-
                                              The Department needs some discre-                     American countries. TPS status was                     zens of those countries temporary
                                            tion here, some discretion for the best                 granted to Honduran and Nicaraguan                     sanctuary in our country until their
                                            minds in law enforcement and tech-                      nationals at the end of 1998 following                 countries’ troubles are resolved.
                                            nology to decide what sort of protec-                   Hurricane Mitch. The administration                      In total, 4,198 people currently in the
                                            tion makes sense in what portions of                    has extended TPS for these individuals                 U.S. could be deported if their tem-
                                            the border.                                             multiple times, the latest extension                   porary protected status were not ex-
                                                                                                    lasting until January 2009, more than                  tended. These individuals would be sent
                                                              b 0200                                                                                       back to countries with extreme condi-
                                                                                                    10 years after the hurricane. TPS sta-
                                              Our bill does that. Our bill has gen-                 tus for Salvadoran nationals was                       tions, places like Burundi, Somalia,
                                            erous funding, but it also has some re-                 granted early in 2001 as a result of                   the Sudan. Of course, we hope that
                                            quirements about documenting the                        earthquakes hitting the region. The                    these troubles will end and that these
                                            cost-effectiveness, the effectiveness in                latest TPS extension for Salvadoran                    people could eventually return to their
                                            protecting the border, as well as the                   nationals lasts until September 2007,                  home countries. This is temporary sta-
                                            kind of effects we’ve talked about ear-                 again, long after temporary disloca-                   tus, but the notion that we would
                                            lier this evening on the communities in                 tions caused by the earthquakes.                       defund this program or refuse to extend
                                            the path of this.                                          There are currently some 248,000 Sal-               it where it’s called for.
                                              So it’s a sensible approach. It’s one                                                                          This amendment would also be detri-
                                                                                                    vadorans, 81,000 Hondurans and 4,000
                                            that draws on the best expertise we’ve                                                                         mental to the effective administration
                                                                                                    Nicaraguans, mostly aliens who came
                                            been able to engage, and I strongly                                                                            and enforcement of immigration laws.
                                                                                                    illegally to the United States, bene-
                                            urge that it be retained in the bill, and                                                                      It would create confusion about the de-
                                                                                                    fiting from TPS status. Our Nation
                                            therefore, this amendment be rejected.                                                                         gree to which the U.S. government can
                                                                                                    currently has a growing gang problem,
                                              Mr. Chairman, I yield back the bal-                                                                          be trusted to maintain its commitment
                                                                                                    and we have had testimony in the Judi-
                                            ance of my time.                                                                                               to those for whom it offers immigra-
                                                                                                    ciary Committee that 60 to 85 percent
                                              The Acting CHAIRMAN. The ques-                                                                               tion benefits.
                                                                                                    of some of the most violent gang mem-                    So I urge a ‘‘no’’ vote on this amend-
                                            tion is on the amendment offered by                     bers in the United States are here ille-               ment.
                                            the gentleman from California (Mr.                      gally. Of 5,000 gang members in a data-                  Mr. SERRANO. Mr. Chairman, I’m
                                            ROYCE).                                                 base that ICE compiled for Operation                   opposed to the amendment, and I rise
                                              The question was taken; and the Act-                  Community Shield, 291 El Salvadoran                    to claim the time in opposition.
                                            ing Chairman announced that the noes                    nationals, 43 Hondurans, and 1 Nica-                     The Acting CHAIRMAN. The gen-
                                            appeared to have it.                                    raguan had been granted temporary                      tleman from New York is recognized
                                              Mr. ROYCE. Mr. Chairman, I demand                     protected status, 6.7 percent of the                   for 5 minutes.
                                            a recorded vote.                                        total.                                                   Mr. SERRANO. Mr. Speaker, I yield
                                              The Acting CHAIRMAN. Pursuant to                         At least one of the suspected MS–13                 myself such time as I may consume.
                                            clause 6 of rule XVIII, further pro-                    members accused in the 2002 rape of                      Mr. Chairman, this may go down as
                                            ceedings on the amendment offered by                    two deaf girls in Massachusetts had                    the meanest and most misguided
                                            the gentleman from California will be                   been in our country protected by TPS.                  amendment of the evening. TPS has
                                            postponed.                                              In fact, currently, a criminal gang                    been known and worked as a proper
                                                 AMENDMENT OFFERED BY MR. FORBES                    member could literally stand on a                      legal statement by the U.S. govern-
                                              Mr. FORBES. Mr. Chairman, I offer                     street corner and announce that they                   ment to give protection to people who
                                            an amendment.                                           were a member of a violent criminal                    are in situations where they cannot go
                                              The Acting CHAIRMAN. The Clerk                        gang and that they came here illegally,                back home. These people did not come
                                            will designate the amendment.                           and if protected under TPS, no law en-                 into the country illegally. In fact, in
                                              The text of the amendment is as fol-                  forcement officer could touch them                     many cases, our actions being involved
                                            lows:                                                   until they had actually committed a                    in those countries invited them to
                                              Amendment offered by Mr. FORBES:                      crime.                                                 come here, and this is why we offer
                                              At the end of the bill (before the short                 TPS is being used to grant long-time                that protection.
                                            title), insert the following:                           residence, a perpetual amnesty, to ille-                 The countries that would be affected
                                              SEC. 544. None of the funds made available            gal immigrants of certain favored na-                  are countries where we either have had
                                            in this Act may be used to extend the des-              tionalities. This amendment will re-                   a standing tradition of being involved
                                            ignation of any foreign state under section             turn TPS to its original intent of pro-                in trying to resolve some difficulties in
                                            244(b)(3)(C) of the Immigration and Nation-             viding temporary refuge during tem-                    those countries and participated mili-
                                            ality Act (8 U.S.C. 1254a(b)(3)(C)).                                                                           tarily and otherwise in those countries
                                                                                                    porary periods of crisis. It would bar
                                              The Acting CHAIRMAN. Pursuant to                      any funds made available in this Act                   and, as a result, gave them this protec-
                                            the order of the House of today, the                    from being used to extend TPS for na-                  tion. And secondly, there are also a set
                                            gentleman from Virginia (Mr. FORBES)                    tionals of a country beyond the origi-                 of countries which are going through
                                            and a Member opposed each will con-                     nal period of not more than 18 months.                 very difficult situations.
                                            trol 5 minutes.                                            I urge my colleagues to support this                  I’m thinking, as I hear the gentleman
                                              The Chair recognizes the gentleman                                                                           speak, if Mr. FRANK WOLF was here now
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                                                                                                    amendment.
                                            from Virginia.                                             Mr. Chairman, I reserve the balance                 he would be up on our side talking to
                                              Mr. FORBES. Mr. Chairman, as you                      of my time.                                            you about the Sudan and talking to
                                            know, Congress has granted the Sec-                        Mr. PRICE of North Carolina. Mr.                    you about other places where we
                                            retary of Homeland Security the au-                     Chairman, I move to strike the last                    should continue to give the temporary
                                            thority to grant temporary refuge to                    word.                                                  protection status.



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                                            H6472                                              CONGRESSIONAL RECORD — HOUSE                                                       June 14, 2007
                                              But here’s the main point which I’ve                  The other one had applied for it and                   recovery. It could slow the pace of as-
                                            already mentioned and needs to be                       was in the process of getting it.                      sistance and significantly increase non-
                                            mentioned again. This is a situation                      The second thing, Mr. Chairman, we                   Federal cost-share requirements. This
                                            where these folks should not be looked                  heard it mentioned that these individ-                 section would likely cost already cash-
                                            at as people who are here illegally.                    uals are here and we’re protecting                     strapped States and localities addi-
                                            They’re here legally. They’re here be-                  them on a temporary basis. It’s mighty                 tional funds.
                                            cause this Congress, this administra-                   hard to look into the eyes of the Amer-                  The Congressional Budget Office says
                                            tion and other administrations, have                    ican people, and say that when we have                 that Davis-Bacon will cost taxpayers
                                            seen fit to give them this protection.                  extended something for 10 years, that                  more than $9.5 billion from 2002 to 2011.
                                            They’re here because they can’t go                      that is a temporary situation.                         This expansion would only greater the
                                            back home.                                                And Mr. Chairman, I would just sug-                  burden on taxpayers.
                                              And again, we may disagree on this,                   gest to you when we talk about they’re                   This expansion further disadvantages
                                            and frankly, there might be people on                   here legally, it is true they’re here le-              small, emerging and minority busi-
                                            this side that disagree with me, but in                 gally because we’ve put this shield of                 nesses new to the complex, inefficient
                                            some of those countries our policies                    protection around them. If we’re going                 wage and work restrictions which
                                            have played a role in creating a situa-                 to truly deal with the law and be hon-                 make it nearly impossible for them to
                                            tion where they can’t go back home. So                  est with the American people and what                  compete with better capitalized cor-
                                            to lump them in with the undocu-                        this law says, we need to either take                  porations, disadvantaging the very
                                            mented immigrant situation of the                       the word ‘‘temporary’’ out and just tell               companies we often seek to help fol-
                                            country is totally unfair because it’s                  them it’s protected status, or we need                 lowing a disaster.
                                            two different issues. This one is sanc-                 to let the law do what it’s intended to                  And so I urge my colleagues to sup-
                                            tioned.                                                 do, which is to truly be temporary by                  port this amendment and strike this
                                              Interestingly enough, I notice that                                                                          onerous restriction on the Nation’s
                                                                                                    being an 18-month period of time, not a
                                            there’s always a little bit of politics in-                                                                    communities.
                                                                                                    10-year period of time.
                                                                                                                                                             Mr. Chairman, I reserve the balance
                                            volved in this because the gentleman                      Mr. Chairman, once again, I hope
                                                                                                                                                           of my time.
                                            doesn’t suggest that all Cubans go back                 that it will be the pleasure of my col-                  Mr. PRICE of North Carolina. Mr.
                                            to Cuba and that they should not get                    leagues to support this amendment.                     Chairman, I yield myself such time as
                                            special treatment as they do under the                    Mr. Chairman, I yield back the bal-                  I may consume.
                                            Cuban Adjustment Act. We never touch                    ance of my time.                                         The amendment would eliminate the
                                            that one. We touch this one.                              The Acting CHAIRMAN. The ques-                       requirement that the funding provided
                                              Well, that’s sad. It shouldn’t be, and                tion is on the amendment offered by                    in this bill comply with the prevailing
                                            we should continue to protect these                     the gentleman from Virginia (Mr.                       wage requirements of the Davis-Bacon
                                            folks and try to make situations back                   FORBES).                                               Act. Nobody remembers who Davis and
                                            home bearable for them. In the mean-                      The question was taken; and the Act-                 Bacon were, but the Act was enacted
                                            time, we should not be throwing them                    ing Chairman announced that the noes                   back in 1931 by a Republican Congress
                                            out of the country.                                     appeared to have it.                                   and a Republican administration, that
                                              And lastly, we’re not talking about 12                  Mr. FORBES. Mr. Chairman, I de-                      of one Herbert Hoover.
                                            million people. We’re not talking about                 mand a recorded vote.                                    It sets minimum labor standards for
                                            15 or 20 million people. We’re talking                    The Acting CHAIRMAN. Pursuant to                     workers employed in Federal contract
                                            about a much smaller number of people                   clause 6 of rule XVIII, further pro-                   construction. It simply says that
                                            who need our protection.                                ceedings on the amendment offered by                   they’ve got to pay their employees, if
                                              There’s a lady in the harbor to the                   the gentleman from Virginia will be                    they’re using Federal funds, not less
                                            city where I live and where I’ve grown                  postponed.                                             than the locally prevailing wage.
                                            up. That lady, known as the Statue of                        AMENDMENT OFFERED BY MR. ROGERS OF
                                            Liberty, tells us to bring to these                                      KENTUCKY
                                                                                                                                                                             b 0215
                                            shores the people that are hurting.                       Mr. ROGERS of Kentucky. Mr. Chair-                     The Department of Homeland Secu-
                                              This is a fine example of America at                  man, I offer an amendment.                             rity interpreted the application of
                                            its best. Don’t lump it in with any                       The Acting CHAIRMAN. The Clerk                       Davis-Bacon far too narrowly. They
                                            other problem. That’s not fair and                      will designate the amendment.                          said it applies only to Stafford Act
                                            that’s not right.                                         The text of the amendment is as fol-                 grant programs, virtually no other
                                              Mr. Chairman, I yield back my time.                   lows:                                                  DHS programs, despite the fact that a
                                              Mr. FORBES. Mr. Chairman, could                         Amendment offered by Mr. ROGERS of Ken-              lot of these programs do involve con-
                                            you tell me how much time I have re-                    tucky:                                                 struction projects like State and urban
                                            maining?                                                  At the end of the bill (before the short             area Homeland Security grants, buffer
                                              The Acting CHAIRMAN. The gen-                         title), insert the following:                          zone protection grants, port security
                                            tleman from Virginia has 2 minutes re-                    Sec. 544. None of the funds made available           grants, airport security grants, transit
                                            maining.                                                in this Act may be used to implement sec-              security grants, and so forth.
                                              Mr. FORBES. Mr. Chairman, I yield                     tion 536 of this Act.                                    Our belief simply is that there is no
                                            myself the remaining time.                                The Acting CHAIRMAN. Pursuant to                     good reason for denying prevailing
                                              Mr. Chairman, the gentleman stated                    the order of the House of today, the                   wage protection to jobs involved in
                                            that this would perhaps be the meanest                  gentleman from Kentucky (Mr. ROG-                      these activities. There is a waiver that
                                            and most misguided amendment of the                     ERS) and the gentleman from North                      the President can employ in situations
                                            night, but I would suggest that the                     Carolina (Mr. PRICE) each will control 5               where Davis-Bacon requirements would
                                            gentleman look in the eyes of the fa-                   minutes.                                               truly have a detrimental impact, but
                                            ther who had his deaf daughter raped                      The Chair recognizes the gentleman                   for most jobs most of the time, car-
                                            and assaulted by individuals who were                   from Kentucky.                                         rying out the intent of this bill, fair,
                                            here illegally, protected only because                    Mr. ROGERS of Kentucky. Mr. Chair-                   locally prevailing wages should prevail.
                                            we shielded them with temporary pro-                    man, this amendment is simple. It                        If you are talking about the quality
                                            tected status, where they could have                    strikes the Davis-Bacon section in the                 of construction, I think that adds an
                                            literally been standing on the street                   bill. That section has consequences                    argument as well. Davis-Bacon encour-
                                            and have said, I’m a member of a vio-                   that I’m not sure the majority has                     ages a higher quality of workmanship.
                                            lent criminal gang, I was here illegally,               thoroughly thought through.                            It encourages enhanced productivity. It
                                            and there would have been nothing law                     Requiring all DHS contract and                       reduces the need for remedial work,
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                                            enforcement could have done to have                     grant funds to comply with Davis-                      probably saving dollars in many in-
                                            gotten rid of those individuals until                   Bacon could unfairly disadvantage                      stances. So there are many, many ar-
                                            they’d actually raped that little girl.                 communities that are unfortunate                       guments for this which I won’t belabor
                                            One of those individuals was here pro-                  enough to be struck by a disaster. It                  at this late hour. I believe the inclu-
                                            tected by temporary protected status.                   could reduce funds available for their                 sion of the Davis-Bacon requirements



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                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                               H6473
                                            is prudent and fair, and I urge the re-                 billion increase in spending, more than                would be hard to come by. It would
                                            jection of this amendment.                              $2 billion above the President’s re-                   make it very, very difficult to increase
                                              Mr. Chairman, I yield back the bal-                   quest. Nobody on this side is proposing                the amount of cargo that is carried on
                                            ance of my time.                                        that we cut Homeland Security, not                     passenger aircraft that is screened and
                                              The Acting CHAIRMAN. The ques-                        our President, not this Member, cer-                   so forth. These cuts would be con-
                                            tion is on the amendment offered by                     tainly not this amendment.                             sequential.
                                            the gentleman from Kentucky (Mr.                          I agree with the funding level re-                     Although our friends on the other
                                            ROGERS).                                                quested by the administration. It’s a                  side of the aisle have been rather selec-
                                              The question was taken; and the Act-                  responsible 7.2 percent increase from                  tive in their treatment of the Presi-
                                            ing Chairman announced that the noes                    the base 2007 level, a rate that is al-                dent’s budget request, the chairman
                                            appeared to have it.                                    ready over double the rate of inflation.               has repaired that request in this meas-
                                              Mr. ROGERS of Kentucky. Mr. Chair-                      As I said before, the public is de-                  ure. But I do need to point out that we
                                            man, I demand a recorded vote.                          manding accountability and fiscal re-                  have not, under his leadership in past
                                              The Acting CHAIRMAN. Pursuant to                      sponsibility. I don’t think we can ex-                 years, or in our deliberations this year,
                                            clause 6 of rule XVIII, further pro-                    clude any Federal agency, even Home-                   taken the President’s requests as seri-
                                            ceedings on the amendment offered by                    land Security, from fiscal discipline.                 ous requests, but we have not hesitated
                                            the gentleman from Kentucky will be                     Otherwise, there will be no discipline                 to alter them when we felt that was re-
                                            postponed.                                              at all.                                                quired. It’s not unusual for the Home-
                                                                                                      I urge my colleagues to vote for this                land Security bill in the House of Rep-
                                             AMENDMENT NO. 1 OFFERED BY MR. ROGERS OF
                                                                                                    amendment, a fiscally disciplined                      resentatives to increase President
                                                            KENTUCKY
                                                                                                    amendment still providing a 7.2 percent                Bush’s request. In fact, we have done it
                                              Mr. ROGERS of Kentucky. Mr. Chair-                    increase in Homeland Security secu-
                                            man, I offer an amendment.                                                                                     every time we have brought a bill to
                                                                                                    rity.                                                  this floor.
                                              The Acting CHAIRMAN. The Clerk                          Mr. Chairman, I reserve the balance
                                            will designate the amendment.                                                                                    In 2004, the House bill contained $1
                                                                                                    of my time.
                                              The text of the amendment is as fol-                    Mr. PRICE of North Carolina. Mr.                     billion more than the Bush request; in
                                            lows:                                                   Chairman, I yield myself such time as                  2005, $900 million more than the Bush
                                              Amendment No. 1 offered by Mr. ROGERS of              I may consume.                                         request; in 2006, $1.3 billion more than
                                            Kentucky:                                                 The gentleman’s amendment would                      the Bush request; in 2007, $1.1 billion
                                              At the end of the bill (before the short              reduce the funding in this bill by just                more than the Bush request.
                                            title), insert the following:                           over $2 billion, or 5.7 percent. As this                 So we are in that mode once again.
                                              SEC. ll. Each amount appropriated or                                                                         There is no reason to be surprised that
                                                                                                    debate began, we did discuss the com-
                                            otherwise made available by this Act that is                                                                   in some respects we found the Bush re-
                                            not required to be appropriated or otherwise            parison of the bill that we have re-
                                                                                                    ported to last year’s level of funding,                quests inadequate, and we have in-
                                            made available by a provision of law is here-
                                                                                                    and I am going to just repeat those fig-               creased them. In other respects, we
                                            by reduced by 5.7 percent.
                                                                                                    ures here, because I think it is impor-                have reduced them. We have done both.
                                              The Acting CHAIRMAN. Pursuant to                                                                             But there is a net increase, and I think
                                            the order of the House of today, the                    tant to put the increase in perspective.
                                                                                                      The fiscal 2007 bill, with the emer-                 a net increase that is amply justified.
                                            gentleman from Kentucky (Mr. ROG-                                                                                The hour is late, I believe that the
                                                                                                    gency funding included that was adopt-
                                            ERS) and the gentleman from North                                                                              funding levels in this bill are quite
                                                                                                    ed at the time that bill was passed,
                                            Carolina (Mr. PRICE) each will control 5                                                                       carefully considered. This amendment
                                                                                                    when that is considered as the baseline
                                            minutes.                                                for 2007, our bill represents a 7.5 per-               would do some real damage to some
                                              The Chair recognizes the gentleman                    cent increase over last year’s funding.                things that we need to improve.
                                            from Kentucky.                                          If the supplemental funding is included                  So I ask my colleagues to vote
                                              Mr. ROGERS of Kentucky. Mr. Chair-                    in the 2007 base, then, actually, our bill             against this amendment.
                                            man, this is the final amendment, and                   represents a 7.5 percent decrease in                     Mr. ROGERS of Kentucky. Mr. Chair-
                                            it is the fiscal responsibility amend-                  funding.                                               man, I urge an ‘‘aye’’ vote on the
                                            ment. This amendment would imple-                         But the point is not just to throw ab-               amendment.
                                            ment an across-the-board cut in the                     stract numbers around. The point of                      Before yielding back, I want to thank
                                            bill of 5.7 percent, thereby limiting the               the considerable deliberation our sub-                 the Chair for being a very responsible
                                            increase of this bill to 7.2 percent over               committee has undertaken is to match                   and fair-minded chair tonight. We
                                            the current year, the amount the                        up the available resources with this                   thank you for that service. I want to
                                            President requested, instead of the cur-                country’s needs.                                       congratulate the chairman of the sub-
                                            rent 13.6 percent in the current bill.                    I believe we have done that in a con-                committee, who has been easy to work
                                              Let me emphasize that point again.                    scientious way. I think it’s extremely                 with and understanding of issues on
                                            This amendment does not cut any-                        hard to find anything in this bill that                this side of the aisle, and he has been
                                            thing. It provides a more than generous                 is funded to excess, funded lavishly.                  very forthcoming and cooperative, but,
                                            and responsible 7.2 percent increase in                   That’s the reason that the gentleman                 at the same time, disciplined in his
                                            Homeland Security funding over the                      has chosen not to focus on specific                    own approach, and to the staff on both
                                            current year. It’s a small downpayment                  items, but, rather, to propose an across               sides of the aisle. This has been a long
                                            on fiscal discipline, an issue we heard a               the board cut, indiscriminately ap-                    week for them, as well as a long several
                                            lot about last November.                                plied, across the country, of 5.7 per-                 months now. I want to thank the staff
                                              The national debt is burgeoning, the                  cent. It would have consequences, even                 for the great work that they have done.
                                            public is demanding that we gain con-                   spread across all the accounts. It would                 Mr. Chairman, I reserve the balance
                                            trol of Federal spending. Despite the                   mean a reduced level of funding for a                  of my time.
                                            President’s overall budget request of                   number of things that we have put in                     Mr. PRICE of North Carolina. Mr.
                                            $933 billion for fiscal year 2008, and an               this bill for very good reason. The                    Chairman, I simply want to echo his
                                            already generous $63 billion over the                   SAFE Port Act, the authorization, has                  kind words. It’s a pleasure to work
                                            current year’s level, the majority plans                required that we apply more funding to                 with him, it has been for these last 4
                                            to add another $20 billion on top of                    port security. This cut would reduce                   years, as he has chaired this com-
                                            that at the minimum. Where will it                      that substantially. It would, in all like-             mittee, and it has been a pleasure to
                                            stop?                                                   lihood, mean that we could provide                     work with him this year, a real profes-
                                              This year’s $20 billion could become                  very limited additional programs for                   sional who takes oversight seriously
                                            $40 billion next year and on and on and
mstockstill on PROD1PC66 with HOUSE




                                                                                                    fire grants or transit emergency secu-                 and who takes writing this budget seri-
                                            on. The only thing this does is ensure                  rity grants, or emergency grants, State                ously.
                                            our children and their children will be                 and urban grants, other important pro-                   Mr. ROGERS and his staff, the staff
                                            paying for this generations to come.                    grams to our hometowns.                                here on this side, I won’t ask how many
                                              The Homeland Security bill before us                    It would mean that border and immi-                  hours of sleep they have had in the last
                                            today represents 10 percent of that $20                 gration enforcement improvements                       several days.



                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000   Frm 00031   Fmt 7634   Sfmt 0634   E:\CR\FM\K14JN7.175   H14JNPT2
                                            H6474                                              CONGRESSIONAL RECORD — HOUSE                                                          June 14, 2007
                                              But it has been a real pleasure. I                      2209. A letter from the Executive Director,          5 U.S.C. 801(a)(1)(A); to the Committee on
                                            hope we will have a chance in the pres-                 Commodity Futures Trading Commission,                  Transportation and Infrastructure.
                                            ence of the whole body tomorrow                         transmitting the Commission’s final rule —               2219. A letter from the Program Analyst,
                                                                                                    Corrections to Regional Office Information             Department of Transportation, transmitting
                                            morning to pay tribute a bit more for-
                                                                                                    — received May 10, 2007, pursuant to 5 U.S.C.          the Department’s final rule — Airworthiness
                                            mally. But we are grateful.                             801(a)(1)(A); to the Committee on Agri-                Directives; Superior Air Parts, Inc. (SAP),
                                              We are also grateful to see this                      culture.                                               Cylinder Assemblies Part Numbers Series:
                                            evening come to a close. We will, of                      2210. A letter from the Chief Counsel,               SA47000L,     SA47000S,     SA52000,   SA55000,
                                            course, with our colleagues tomorrow,                   FEMA, Department of Homeland Security,                 SL32000W,         SL32000WH,         SL32006W,
                                            be having, I think, probably a record                   transmitting the Department’s final rule —             SL36000TW, SL36000W, and SL36006W [Docket
                                            number of roll call votes in rapid se-                  Changes in Flood Elevation Determinations              No. FAA-2006-25948; Directorate Identifier
                                            quence.                                                 — received May 10, 2007, pursuant to 5 U.S.C.          2006-NE-32-AD; Amendment 39-15005; AD 2007-
                                              With that, we are ready to conclude,                  801(a)(1)(A); to the Committee on Financial            04-19R1] (RIN: 2120-AA64) received May 10,
                                                                                                    Services.                                              2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the
                                            and I yield back my time.                                 2211. A letter from the Chief of Staff, Media        Committee on Transportation and Infra-
                                              Mr. ROGERS of Kentucky. I thank                       Bureau, Federal Communications Commis-                 structure.
                                            the chairman, and I am glad that he is                  sion, transmitting the Commission’s final                2220. A letter from the Program Analyst,
                                            continuing the tradition of this sub-                   rule — Amendment of Section 73.202(b),                 Department of Transportation, transmitting
                                            committee in being a bipartisan,                        Table of Allotments, FM Broadcast Stations.            the Department’s final rule — Airworthiness
                                            strong oversight subcommittee to see                    (Roma, Texas) [MB Docket No. 05-142 RM-                Directives;      Empresa      Brasileira     de
                                            this new Department to a success one                    11220] received May 8, 2007, pursuant to 5             Aeronautica S.A. (EMBRAER) Model EMB-
                                                                                                    U.S.C. 801(a)(1)(A); to the Committee on En-           135BJ Airplanes [Docket No. FAA-2006-26685;
                                            of these days, we hope.
                                                                                                    ergy and Commerce.                                     Directorate      Identifier    2006-NM-200-AD;
                                              Mr. Chairman, I urge an ‘‘aye’’ vote,                   2212. A letter from the Chief of Staff to the        Amendment 39-15015; AD 2007-07-14] (RIN:
                                            and I yield back the balance of my                      Bureau Chief, Media Bureau, Federal Com-               2120-AA64) received May 10, 2007, pursuant to
                                            time.                                                   munications Commission, transmitting the               5 U.S.C. 801(a)(1)(A); to the Committee on
                                              The Acting CHAIRMAN. The ques-                        Commission’s final rule — Amendment of                 Transportation and Infrastructure.
                                            tion is on the amendment offered by                     Section 73.202(b), Table of Allotments, FM               2221. A letter from the Program Analyst,
                                            the gentleman from Kentucky (Mr.                        Broadcast Stations. (Wofford Heights, Cali-            Department of Transportation, transmitting
                                            ROGERS).                                                fornia) [MB Docket No. 03-91 RM-10693] re-             the Department’s final rule — Airworthiness
                                              The question was taken; and the Act-                  ceived May 8, 2007, pursuant to 5 U.S.C.               Directives; Airbus Model A300 B2 and B4 Se-
                                            ing Chairman announced that the noes                    801(a)(1)(A); to the Committee on Energy and           ries Airplanes Equipped With General Elec-
                                                                                                    Commerce.                                              tric CF6-50 Engines [Docket No. FAA-2006-
                                            appeared to have it.                                      2213. A letter from the Chief of Staff, Media
                                              Mr. ROGERS of Kentucky. Mr. Chair-                                                                           25965; Directorate Identifier 2006-NM-127-AD;
                                                                                                    Bureau, Federal Communications Commis-                 Amendment 39-15013; AD 2007-07-08] (RIN:
                                            man, I demand a recorded vote.                          sion, transmitting the Commission’s final              2120-AA64) received May 10, 2007, pursuant to
                                              The Acting CHAIRMAN. Pursuant to                      rule — Amendment of Section 73.202(b),                 5 U.S.C. 801(a)(1)(A); to the Committee on
                                            clause 6 of rule XVIII, further pro-                    Table of Allotments, FM Broadcast Stations.            Transportation and Infrastructure.
                                            ceedings on the amendment offered by                    (Glen Arbor, Michigan) [MB Docket No. 03-                2222. A letter from the Program Analyst,
                                            the gentleman from Kentucky will be                     142 RM-10539] received May 8, 2007, pursuant           Department of Transportation, transmitting
                                            postponed.                                              to 5 U.S.C. 801(a)(1)(A); to the Committee on          the Department’s final rule — Revision of
                                              Mr. PRICE of North Carolina. Mr.                      Energy and Commerce.                                   Class E Airspace; Valdez, AK [Docket No.
                                                                                                      2214. A letter from the Chief of Staff, Media
                                            Chairman, I move that the Committee                                                                            FAA-2006-26719; Airspace Docket No. 06-AAL-
                                                                                                    Bureau, Federal Communications Commis-
                                            do now rise.                                                                                                   41] received May 10, 2007, pursuant to 5 U.S.C.
                                                                                                    sion, transmitting the Commission’s final
                                              The motion was agreed to.                                                                                    801(a)(1)(A); to the Committee on Transpor-
                                                                                                    rule — Amendment of Section 73.202(b),
                                              Accordingly, the Committee rose;                                                                             tation and Infrastructure.
                                                                                                    Table of Allotments, FM Broadcast Stations.
                                                                                                                                                             2223. A letter from the Program Analyst,
                                            and the Speaker pro tempore (Mr.                        (Jackson, Wyoming) [MB Docket No. 05-101
                                                                                                                                                           Department of Transportation, transmitting
                                            SERRANO) having assumed the chair,                      RM-11159] received May 8, 2007, pursuant to 5
                                                                                                                                                           the Department’s final rule — Standard In-
                                            Mr. ROSS, Acting Chairman of the                        U.S.C. 801(a)(1)(A); to the Committee on En-
                                                                                                                                                           strument Approach Procedures; Miscella-
                                            Committee of the Whole House on the                     ergy and Commerce.
                                                                                                                                                           neous Amendments [Docket No. 30546; Amdt.
                                                                                                      2215. A letter from the Deputy Bureau
                                            State of the Union, reported that that                  Chief, CGB, Federal Communications Com-
                                                                                                                                                           No. 3215] (RIN: 2120-AA65) received May 10,
                                            Committee, having had under consider-                                                                          2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the
                                                                                                    mission, transmitting the Commission’s
                                            ation the bill (H.R. 2638) making appro-                                                                       Committee on Transportation and Infra-
                                                                                                    final rule — Rules and Regulations Imple-
                                            priations for the Department of Home-                                                                          structure.
                                                                                                    menting      Minimum      Customer     Account
                                            land Security for the fiscal year ending                Record Exchange Obligations on All Local                                 f
                                            September 30, 2008, and for other pur-                  and Interexchange Carriers [CG Docket No.
                                                                                                    02-386] received May 8, 2007, pursuant to 5             PUBLIC BILLS AND RESOLUTIONS
                                            poses, had come to no resolution there-
                                                                                                    U.S.C. 801(a)(1)(A); to the Committee on En-             Under clause 2 of rule XII, public
                                            on.
                                                                                                    ergy and Commerce.                                     bills and resolutions were introduced
                                                             f                                        2216. A letter from the Program Analyst,
                                                                                                    Department of Transportation, transmitting             and severally referred, as follows:
                                                      LEAVE OF ABSENCE                                                                                           By Mr. SHERMAN (for himself, Mr.
                                                                                                    the Department’s final rule — Standard In-
                                               By unanimous consent, leave of ab-                   strument Approach Procedures, Weather                          TOM DAVIS of Virginia, Mr. PETERSON
                                            sence was granted to:                                   Takeoff Minimums; Miscellaneous Amend-                         of Minnesota, Mr. YOUNG of Alaska,
                                               Mr. WESTMORELAND (at the request of                  ments [Docket No. 30545 Amdt. No. 3214] re-                    Mr. THOMPSON of California, Mr.
                                            Mr. BOEHNER) for today on account of                    ceived May 8, 2007, pursuant to 5 U.S.C.                       COHEN, Mr. ENGEL, Mr. GRIJALVA, Ms.
                                            illness in the family.                                  801(a)(1)(A); to the Committee on Transpor-                    HIRONO, Mr. KIRK, Mr. LANGEVIN, Mr.
                                                                                                    tation and Infrastructure.                                     MILLER of North Carolina, Mr.
                                                             f                                        2217. A letter from the Assistant Chief                      GEORGE MILLER of California, Mr.
                                                        ADJOURNMENT                                 Counsel, Department of Transportation,                         MOORE of Kansas, Mr. MORAN of Vir-
                                                                                                    transmitting the Department’s final rule —                                          ´
                                                                                                                                                                   ginia, Ms. LINDA T. SANCHEZ of Cali-
                                              Mr. PRICE of North Carolina. Mr.                      Hazardous Materials Transportation; Mis-                       fornia, Ms. SCHAKOWSKY, Mr. SMITH
                                            Speaker, I move that the House do now                   cellaneous Revisions to Registration and Fee                   of New Jersey, and Mr. BERMAN):
                                            adjourn.                                                Assessment Program [Docket No. PHMSA-                    H.R. 2711. A bill to amend title 18, United
                                              The motion was agreed to; accord-                     2006-25589 (HM-208F)] (RIN: 2137-AE11) re-             States Code, to prohibit certain computer-
                                            ingly (at 2 o’clock and 30 minutes                      ceived May 8, 2007, pursuant to 5 U.S.C.               assisted remote hunting, and for other pur-
                                            a.m.), the House adjourned until today,                 801(a)(1)(A); to the Committee on Transpor-            poses; to the Committee on the Judiciary.
                                            Friday, June 15, 2007, at 9 a.m.                        tation and Infrastructure.                                   By Ms. ROS-LEHTINEN (for herself,
                                                                                                      2218. A letter from the Program Analyst,                     Mr. BOOZMAN, Mr. BURTON of Indiana,
                                                             f                                      Department of Transportation, transmitting                     Mr. CHABOT, Mrs. JO ANN DAVIS of
mstockstill on PROD1PC66 with HOUSE




                                              EXECUTIVE COMMUNICATIONS,                             the Department’s final rule — Airworthiness                    Virginia, Mr. MARIO DIAZ-BALART of
                                                             ETC.                                   Directives; Airbus Model A318, A319, A320,                     Florida, Mr. LINCOLN DIAZ-BALART of
                                                                                                    and A321 Airplanes [Docket No. FAA-2007-                       Florida, Mr. FLAKE, Mr. FORTUNO,  ˜
                                              Under clause 8 of rule XII, executive                 26812; Directorate Identifier 2006-NM-199-AD;                  Mr. MACK, Mr. MANZULLO, Mr.
                                            communications were taken from the                      Amendment 39-15006; AD 2007-07-09] (RIN:                       MCCAUL of Texas, Mr. MCCOTTER, Mr.
                                            Speaker’s table and referred as follows:                2120-AA64) received May 10, 2007, pursuant to                  SMITH of New Jersey, Mr. PENCE, Mr.




                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000   Frm 00032   Fmt 7634   Sfmt 0634   E:\CR\FM\K14JN7.179   H14JNPT2
                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6475
                                                    POE, Mr. ROHRABACHER, and Mr.                          By Mr. CARDOZA:                                  25762 Madison Avenue in Murrieta, Cali-
                                                    ROYCE):                                           H.R. 2721. A bill to amend title 10, United           fornia, as the ‘‘Theodore L. Newton, Jr. and
                                              H.R. 2712. A bill to promote transparency,            States Code, to require the Secretary of Vet-           George F. Azrak Border Patrol Station‘‘; to
                                            accountability, and reform within the United            erans Affairs to develop, and the Secretary             the Committee on Transportation and Infra-
                                            Nations system, and for other purposes; to              of Defense to distribute to members of the              structure.
                                            the Committee on Foreign Affairs.                       Armed Forces upon their discharge or re-                       By Mr. LOBIONDO (for himself, Mr.
                                                   By Mr. PICKERING (for himself, Mr.               lease from active duty, information in a                         HOLDEN, Mr. SMITH of New Jersey,
                                                    POMEROY, and Mr. CANTOR):                       compact disk read-only memory format that                        Mr. BRADY of Pennsylvania, Ms.
                                              H.R. 2713. A bill to amend title II of the So-        lists and explains the health, education, and                    BORDALLO, Mr. PASCRELL, Mr. BUR-
                                            cial Security Act to authorize waivers by the           other benefits for which veterans are eligible                   TON of Indiana, Mr. SESTAK, Mr.
                                            Commissioner of Social Security of the 5-               under the laws administered by the Sec-                          COHEN, Mr. SHERMAN, Mr. HOLT, and
                                            month waiting period for entitlement to ben-            retary of Veterans Affairs; to the Committee                     Mr. MARSHALL):
                                            efits based on disability in cases in which the         on Armed Services, and in addition to the                 H.R. 2729. A bill to amend the Public
                                            Commissioner determines that such waiting               Committee on Veterans’ Affairs, for a period            Health Service Act to extend preventive-
                                            period would cause undue hardship to termi-             to be subsequently determined by the Speak-             health and research programs with respect
                                            nally ill beneficiaries, and to provide for a           er, in each case for consideration of such pro-         to prostate cancer; to the Committee on En-
                                            study by the Commissioner regarding pos-                visions as fall within the jurisdiction of the          ergy and Commerce.
                                            sible improvements in disability claims proc-           committee concerned.                                           By Mr. LUCAS:
                                            essing; to the Committee on Ways and                           By Mr. CUMMINGS (for himself and                   H.R. 2730. A bill to amend title 31, United
                                            Means.                                                           Mr. OBERSTAR):                                 States Code, to provide a clear line of demar-
                                                   By Mr. BARRETT of South Carolina                   H.R. 2722. A bill to restructure the Coast            cation with regard to private ownership of
                                                    (for himself, Mr. REGULA, Mr.                   Guard Integrated Deepwater Program, and                 any coin, medal, or numismatic item made
                                                    SPRATT, and Mr. NEAL of Massachu-               for other purposes; to the Committee on                 or issued by the United States Government
                                                    setts):                                         Transportation and Infrastructure.                      before January 1, 1933, and of any piece pro-
                                              H.R. 2714. A bill to require the President to                By Ms. DEGETTE (for herself and Mrs.             duced by the United States Mint before such
                                            delay or reverse the implementation of a de-                     BONO):                                         date, that is not in the possession of the
                                            cision of a World Trade Organization dispute              H.R. 2723. A bill to amend title XIX of the           United States Government, to establish re-
                                            settlement panel or the Appellate Body that             Social Security Act to establish programs to            quirements with respect to the inventory of
                                            is adverse to the United States involving the           improve the quality, performance, and deliv-            certain United States coins, medals, numis-
                                            calculation of dumping margins and weight-              ery of pediatric care; to the Committee on              matic items, and other pieces produced by
                                            ed average dumping margins, and for other               Energy and Commerce.                                    the United States Mint that are owned by
                                            purposes; to the Committee on Ways and                         By Mr. EMANUEL (for himself and Mr.              the Department of the Treasury, and for
                                            Means.                                                           RAMSTAD):                                      other purposes; to the Committee on Finan-
                                                   By Mr. BLUMENAUER (for himself,                    H.R. 2724. A bill to amend the Internal Rev-
                                                                                                                                                            cial Services.
                                                    Mr. MARKEY, Mr. EMANUEL, and Ms.                enue Code of 1986 to modify the saver’s cred-
                                                                                                    it; to the Committee on Ways and Means.                        By Mr. PALLONE (for himself and Mr.
                                                    SCHWARTZ):                                                                                                       GENE GREEN of Texas):
                                              H.R. 2715. A bill to amend the Internal Rev-                 By Mr. ENGEL (for himself and Mr.
                                                                                                                                                              H.R. 2731. A bill to improve the oversight
                                            enue Code of 1986 to include heavier vehicles                    STEARNS):
                                                                                                      H.R. 2725. A bill to require the Federal              and regulation of tissue banks and the tissue
                                            in the limitation on the depreciation of cer-                                                                   donation process, and for other purposes; to
                                            tain luxury automobiles; to the Committee               Communications Commission to adopt regu-
                                                                                                    lations to protect subscribers to Internet              the Committee on Energy and Commerce.
                                            on Ways and Means.                                                                                                     By Mr. SIMPSON:
                                                   By Mr. BURTON of Indiana:                        protocol telephone services concerning the
                                                                                                    use of such services with alarm, security,                H.R. 2732. A bill to amend the Act of July
                                              H.R. 2716. A bill to direct the Secretary of                                                                  3, 1890, to provide for the granting to a State
                                            Health and Human Services to require the                and personal emergency response systems; to
                                                                                                    the Committee on Energy and Commerce.                   of a parcel of land for use as an agricultural
                                            incorporation of counterfeit-resistant tech-                                                                    college and to proscribe the use of earnings
                                            nologies into the packaging of prescription                    By Mr. FORBES (for himself, Mr.
                                                                                                             GOHMERT, Mr. SMITH of Texas, Mr.               and proceeds thereof; to the Committee on
                                            drugs, and for other purposes; to the Com-                                                                      Agriculture, and in addition to the Com-
                                            mittee on Energy and Commerce.                                   CHABOT, Mr. BUCHANAN, and Mr.
                                                                                                             BOOZMAN):                                      mittee on Natural Resources, for a period to
                                                   By Mr. BURTON of Indiana:                                                                                be subsequently determined by the Speaker,
                                              H.R. 2717. A bill to permit an individual to            H.R. 2726. A bill to amend title 18, United
                                                                                                    States Code, to improve the provisions relat-           in each case for consideration of such provi-
                                            be treated by a health care practitioner with
                                                                                                    ing to the carrying of concealed weapons by             sions as fall within the jurisdiction of the
                                            any method of medical treatment such indi-
                                                                                                    law enforcement officers, and for other pur-            committee concerned.
                                            vidual requests, and for other purposes; to
                                                                                                    poses; to the Committee on the Judiciary.                      By Mr. THOMPSON of California (for
                                            the Committee on Energy and Commerce.
                                                                                                           By Mr. GARRETT of New Jersey (for                         himself and Mr. GEORGE MILLER of
                                                   By Mr. BURTON of Indiana:
                                              H.R. 2718. A bill to ensure that the goals of                  himself, Mr. FEENEY, Mr. BACHUS,                        California):
                                                                                                             Mr. BAKER, Mr. SESSIONS, Mr. PAUL,               H.R. 2733. A bill to establish the Trinity
                                            the Dietary Supplement Health and Edu-
                                                                                                             Mr. NEUGEBAUER, Mr. ROYCE, Mr.                 River Restoration Fund, and for other pur-
                                            cation Act of 1994 are met by authorizing ap-
                                                                                                             HENSARLING, Mr. MANZULLO, Mr.                  poses; to the Committee on Natural Re-
                                            propriations to fully enforce and implement
                                                                                                             HERGER, Mr. MCHENRY, Mr. AKIN, Mr.             sources.
                                            such Act and the amendments made by such
                                                                                                             DAVIS of Kentucky, Mr. WESTMORE-                      By Mr. WALBERG (for himself, Mr.
                                            Act, and for other purposes; to the Com-
                                            mittee on Energy and Commerce.                                   LAND, Mr. PRICE of Georgia, Mr.                         ADERHOLT, Mr. AKIN, Mrs. BACHMANN,
                                                   By Mr. BURTON of Indiana:                                 BARTLETT of Maryland, Mr. HELLER,                       Mr. BARRETT of South Carolina, Mr.
                                              H.R. 2719. A bill to amend the Internal Rev-                   Mr. KINGSTON, Mr. BARRETT of South                      BARTLETT of Maryland, Mr. BILBRAY,
                                            enue Code of 1986 to provide that amounts                        Carolina, Mr. FLAKE, Mr. WALBERG,                       Mr. BILIRAKIS, Mr. BISHOP of Utah,
                                            paid for foods for special dietary use, dietary                  Mr. LUCAS, Mr. FORTUNO, Mr.   ˜                         Mrs. BLACKBURN, Mr. BLUNT, Mr.
                                            supplements, or medical foods shall be treat-                    LAMBORN,      Mr.    MARCHANT,    Mr.                   BOOZMAN, Mr. BRADY of Texas, Mr.
                                            ed as medical expenses; to the Committee on                      GINGREY, Mr. PITTS, Mr. BILBRAY,                        BUCHANAN, Mr. BURTON of Indiana,
                                            Ways and Means.                                                  Mr. HOEKSTRA, Mr. RYAN of Wis-                          Mr. CAMP of Michigan, Mr. CAMPBELL
                                                   By Mr. KIND (for himself, Mr. FLAKE,                      consin, Mr. ROSKAM, Mrs. MUSGRAVE,                      of California, Mr. CANTOR, Mr.
                                                    Mr. CROWLEY, Mr. REICHERT, Ms.                           Mr. PENCE, Mr. KIRK, Mrs. BOYDA of                      CARTER, Mr. CHABOT, Mr. COLE of
                                                    BERKLEY, Mr. BLUMENAUER, Mr. KIRK,                       Kansas, Mr. PUTNAM, Mr. PEARCE,                         Oklahoma, Mr. CONAWAY, Mrs. CUBIN,
                                                    Mr. MCDERMOTT, Mr. PETRI, Mr.                            Mr. SOUDER, Mr. FOSSELLA, Mr.                           Mr. CULBERSON, Mr. DAVID DAVIS of
                                                    RYAN of Wisconsin, Mr. SHAYS, and                        CAMPBELL      of    California,   Mrs.                  Tennessee, Mr. DAVIS of Kentucky,
                                                    Mr. SMITH of Washington):                                BACHMANN, and Mrs. BIGGERT):                            Mr. MARIO DIAZ-BALART of Florida,
                                              H.R. 2720. A bill to amend the Farm Secu-               H.R. 2727. A bill to extend the current mor-                   Mrs. DRAKE, Mr. DUNCAN, Ms. FALLIN,
                                            rity and Rural Investment Act of 2002 to re-            atorium for small businesses complying with                      Mr. FEENEY, Mr. FLAKE, Mr. FORBES,
                                            form commodity programs and to increase                 section 404 of the Sarbanes-Oxley Act of 2002                               ˜
                                                                                                                                                                     Mr. FORTUNO, Mr. FRANKS of Arizona,
                                            nutrition, conservation, and energy pro-                by 1 year; to the Committee on Financial                         Ms. FOXX, Mr. GALLEGLY, Mr. GAR-
                                            grams of the Department of Agriculture, to              Services.                                                        RETT of New Jersey, Mr. GINGREY,
                                            reduce the national budget deficit, and for                    By Mr. ISSA (for himself, Mrs. BONO,                      Mr. GOHMERT, Mr. GOODLATTE, Mr.
                                            other purposes; to the Committee on Agri-                        Mr. CALVERT, Mr. BILBRAY, Mr.                           HELLER, Mr. HENSARLING, Mr. HOEK-
                                            culture, and in addition to the Committees                       ROHRABACHER, Mr. CAMPBELL of Cali-                      STRA, Mr. JONES of North Carolina,
mstockstill on PROD1PC66 with HOUSE




                                            on Education and Labor, Foreign Affairs,                         fornia, Mrs. MYRICK, Mr. WELCH of                       Mr. JORDAN, Mr. KING of Iowa, Mr.
                                            and Ways and Means, for a period to be sub-                      Vermont, Mr. GINGREY, Mr. GARY G.                       KINGSTON, Mr. KLINE of Minnesota,
                                            sequently determined by the Speaker, in                          MILLER of California, and Mr. JONES                     Mr. KNOLLENBERG, Mr. LAMBORN, Mr.
                                            each case for consideration of such provi-                       of North Carolina):                                     LEWIS of California, Mr. LINDER, Mr.
                                            sions as fall within the jurisdiction of the              H.R. 2728. A bill to designate the station of                  MACK, Mr. MANZULLO, Mr. MCCARTHY
                                            committee concerned.                                    the United States Border Patrol located at                       of California, Mr. MCCAUL of Texas,




                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000   Frm 00033   Fmt 7634   Sfmt 0634   E:\CR\FM\L14JN7.100   H14JNPT2
                                            H6476                                              CONGRESSIONAL RECORD — HOUSE                                                            June 14, 2007
                                                    Mr. MCHENRY, Mr. GARY G. MILLER of              the City of Detroit and the State of Michi-                H.R. 1439: Mr. PUTNAM.
                                                    California,     Mrs.    MYRICK,     Mr.         gan their first trip to the World Series in 22             H.R. 1448: Ms. WOOLSEY and Mr. BRADY of
                                                    NEUGEBAUER, Mr. PAUL, Mr. PENCE,                years; to the Committee on Oversight and                 Pennsylvania.
                                                    Mr. PEARCE, Mr. PITTS, Mr. POE, Mr.             Government Reform.                                         H.R. 1459: Ms. GINNY BROWN-WAITE of Flor-
                                                    PRICE of Georgia, Mr. RADANOVICH,                                                                        ida, Mr. RUSH, Mr. KENNEDY, Mr. CROWLEY,
                                                                                                                       f
                                                    Mr.    ROGERS      of  Michigan,    Mr.                                                                  Mr. HILL, Mr. KELLER, and Mr. SESTAK.
                                                    ROSKAM, Mr. RYAN of Wisconsin, Mr.                     ADDITIONAL SPONSORS                                 H.R. 1491: Ms. HOOLEY.
                                                    SALI, Mr. SENSENBRENNER, Mr. SES-                                                                          H.R. 1498: Mr. MATHESON.
                                                    SIONS, Mr. SHADEGG, Mr. SIMPSON,                  Under clause 7 of rule XII, sponsors                     H.R. 1506: Ms. CARSON, Ms. JACKSON-LEE of
                                                    Mr. SMITH of Nebraska, Mr. SOUDER,              were added to public bills and resolu-                   Texas, Mr. HARE, Mr. SNYDER, Mr. UDALL of
                                                    Mr. WAMP, Mr. WELDON of Florida,                tions as follows:                                        New Mexico, Mr. DICKS, Ms. HARMAN, and
                                                    Mr. WILSON of South Carolina, and                    H.R.
                                                                                                           174: Ms. CASTOR.                                  Mr. PASCRELL.
                                                    Mr. LINCOLN DIAZ-BALART of Florida):                   196: Mr. BOSWELL.
                                                                                                         H.R.                                                  H.R. 1518: Mr. PICKERING, Mr. ALLEN, and
                                              H.R. 2734. A bill to make the Economic                       197: Mr. MEEHAN and Mr. SESTAK.
                                                                                                         H.R.                                                Mr. ORTIZ.
                                            Growth and Tax Relief Reconciliation Act of                    274: Mr. CANTOR.
                                                                                                         H.R.                                                  H.R. 1552: Mr. SHERMAN, Mr. MACK, Mr.
                                            2001 and certain other tax benefits perma-                     303: Mr. INSLEE.
                                                                                                         H.R.                                                TURNER, Mr. BARROW, Mr. MILLER of North
                                            nent law; to the Committee on Ways and                         380: Mr. MEEHAN.
                                                                                                         H.R.                                                Carolina, Mr. PETERSON of Minnesota, and
                                            Means.                                                                      ´
                                                                                                           503: Ms. VELAZQUEZ, Mr. BILBRAY, Mr.
                                                                                                         H.R.                                                Mr. MEEHAN.
                                                  By Mr. YOUNG of Alaska (for himself                                                                          H.R. 1576: Mr. HINCHEY.
                                                                                                    TAYLOR, Mr. MURTHA, Mr. HILL, and Mr.
                                                    and Mr. THOMPSON of California):                                                                           H.R. 1582: Mrs. MCMORRIS RODGERS.
                                                                                                    DAVIS of Illinois.
                                              H.R. 2735. A bill to provide additional fund-                                                                    H.R. 1589: Mr. BACHUS.
                                                                                                      H.R. 506: Mr. FILNER, Mr. MOORE of Kansas,
                                            ing for operation of national wildlife refuges;                                                                    H.R. 1621: Mr. BISHOP of Utah, Mr. BONNER,
                                                                                                    and Mr. ALEXANDER.
                                            to the Committee on Natural Resources, and                                                                       Mr. GUTIERREZ, Mr. UDALL of Colorado, Mr.
                                                                                                      H.R. 530: Mr. SESTAK, Mr. BISHOP of Geor-
                                            in addition to the Committees on Oversight                                                                       DOGGETT, and Ms. DELAURO.
                                                                                                    gia, and Mr. SIRES.
                                            and Government Reform, and Ways and                                                                                H.R. 1644: Mr. DINGELL, Mr. RYAN of Ohio,
                                                                                                      H.R. 566: Mr. SESTAK.
                                            Means, for a period to be subsequently deter-                                                                    and Mr. DAVIS of Illinois.
                                                                                                      H.R. 579: Mr. MCNULTY.                                   H.R.    1645:   Ms.   NORTON    and     Mrs.
                                            mined by the Speaker, in each case for con-
                                                                                                      H.R. 583: Mr. BISHOP of Georgia.                       CHRISTENSEN.
                                            sideration of such provisions as fall within
                                                                                                      H.R. 601: Ms. ROYBAL-ALLARD.                             H.R. 1647: Mr. DEAL of Georgia, Mrs.
                                            the jurisdiction of the committee concerned.
                                                                                                      H.R. 621: Mr. BUTTERFIELD, Mr. BARROW,                 BLACKBURN, Mr. SHIMKUS, Mr. WAXMAN, Mr.
                                                  By Ms. LEE (for herself and Ms. WA-
                                                                                                    and Mr. MEEHAN.                                          BARROW, Ms. BERKLEY, Mr. BERRY, and Mr.
                                                    TERS):
                                              H. Con. Res. 169. Concurrent resolution                 H.R. 648: Mr. ROSS.                                    HASTINGS of Florida.
                                            supporting the goals and ideals of National               H.R. 654: Mr. LYNCH and Ms. KAPTUR.                      H.R. 1673: Mr. CALVERT.
                                            HIV Testing Day, and for other purposes; to               H.R. 660: Ms. JACKSON-LEE of Texas.                      H.R. 1674: Ms. JACKSON-LEE of Texas and
                                            the Committee on Energy and Commerce.                     H.R. 661: Mr. MEEHAN.                                  Mr. INGLIS of South Carolina.
                                                  By Mr. EHLERS (for himself, Mr.                     H.R. 690: Ms. CORRINE BROWN of Florida.                  H.R. 1687: Mr. GENE GREEN of Texas and
                                                    MCCARTHY        of    California,   Mr.           H.R. 697: Mr. MICA.                                    Ms. DELAURO.
                                                    GINGREY, Mr. LAMPSON, Mr. KUHL of                 H.R. 718: Mr. WALBERG and Mr. COHEN.                     H.R. 1693: Mr. MCDERMOTT and Mr.
                                                    New York, and Mr. AKIN):                          H.R. 748: Ms. CORRINE BROWN of Florida                 KUCINICH.
                                              H. Res. 485. A resolution expressing appre-           and Mrs. BACHMANN.                                         H.R. 1713: Ms. BERKLEY, Mr. SESTAK, Mr.
                                            ciation for the profound public service and               H.R. 750: Ms. NORTON.                                  BOSWELL, and Mr. MEEHAN.
                                            educational contributions of Donald Jeffry                H.R. 784: Ms. CORRINE BROWN of Florida                   H.R. 1727: Ms. GINNY BROWN-WAITE of Flor-
                                            Herbert, fondly known as ‘‘Mr. Wizard’’; to             and Mr. BACHUS.                                          ida, Mr. MARSHALL, Ms. KAPTUR, Ms.
                                            the Committee on Education and Labor.                     H.R. 819: Mr. KLEIN of Florida and Mr.                 HERSETH SANDLIN, Mr. PATRICK MURPHY of
                                                  By Mr. HILL (for himself and Mr. TOM              BECERRA.                                                 Pennsylvania, Mr. TIBERI, and Mr. WOLF.
                                                    DAVIS of Virginia):                               H.R. 821: Mr. HASTINGS of Florida.                       H.R. 1767: Mr. UPTON, Mr. NEUGEBAUER, Mr.
                                              H. Res. 486. A resolution supporting the                H.R. 869: Mr. BISHOP of Georgia.                       GOHMERT, Mrs. BOYDA of Kansas, and Mr.
                                            goals and ideals of the National Anthem                   H.R. 891: Mr. MEEHAN.                                  MARCHANT.
                                            Project, which has worked to restore Amer-                H.R. 900: Mr. SALI.                                      H.R. 1772: Mr. SNYDER.
                                            ica’s voice by re-teaching Americans to sing              H.R. 920: Mr. PAYNE and Ms. CORRINE                      H.R. 1780: Mr. GARRETT of New Jersey.
                                            the national anthem; to the Committee on                BROWN of Florida.                                          H.R. 1783: Mr. REYNOLDS.
                                            Oversight and Government Reform.                          H.R. 926: Mr. MCCOTTER.                                  H.R. 1797: Mr. KUHL of New York.
                                                  By Mr. FORBES (for himself, Mrs.                    H.R. 943: Mr. MEEHAN.                                    H.R. 1813: Mr. VAN HOLLEN, Mr. KANJORSKI,
                                                    DRAKE, Mr. FEENEY, Mrs. JO ANN                    H.R. 954: Mr. KUHL of New York.                        and Mr. MCNULTY.
                                                    DAVIS of Virginia, Mr. KELLER, Mr.                H.R. 998: Mr. HOLT.                                      H.R. 1825: Mr. LUCAS.
                                                    CONAWAY, Mr. TOM DAVIS of Virginia,               H.R. 1078: Mr. MCDERMOTT.                                H.R. 1834: Ms. SHEA-PORTER.
                                                    Mrs. WILSON of New Mexico, and Mr.                H.R. 1084: Mr. HASTINGS of Florida.                      H.R. 1843: Mr. BISHOP of Utah.
                                                    ORTIZ):                                           H.R. 1108: Ms. BERKLEY and Ms. CLARKE.                   H.R. 1845: Mrs. BONO, Mr. MCCAUL of Texas,
                                              H. Res. 487. A resolution recognizing the               H.R. 1110: Mrs. LOWEY, Mr. PRICE of Geor-              Mr. BUTTERFIELD, Mr. GINGREY, Mr. TIBERI,
                                            contribution of modeling and simulation                 gia, Mr. LINCOLN DAVIS of Tennessee, Mr.                 Mr. MILLER of North Carolina, and Mrs. MIL-
                                            technology to the security and prosperity of            TIBERI, Mr. ALEXANDER, Mr. SULLIVAN, Ms.                 LER of Michigan.
                                            the United States, and recognizing modeling             GIFFORDS, Mr. CALVERT, and Mr. RODRIGUEZ.                  H.R. 1878: Mr. DAVIS of Illinois and Ms.
                                            and simulation as a National Critical Tech-               H.R. 1157: Mr. HELLER, Ms. PRYCE of Ohio,              NORTON.
                                            nology; to the Committee on Science and                 Mr. HILL, and Mr. COURTNEY.                                H.R. 1881: Mr. ROTHMAN, Mrs. MALONEY of
                                            Technology.                                               H.R. 1199: Mrs. MCMORRIS RODGERS.                      New York, Mr. GEORGE MILLER of California,
                                                  By Mr. ROGERS of Michigan (for him-                 H.R. 1225: Mr. MEEHAN.                                 Mr. MCGOVERN, Mr. BERMAN, and Mr. PAT-
                                                    self, Mr. DINGELL, Mr. CONYERS, Mr.               H.R. 1228: Ms. HIRONO.                                 RICK MURPHY of Pennsylvania.
                                                    LEVIN, Mr. CRENSHAW, Mr. CAMP of                  H.R. 1229: Mr. THOMPSON of Mississippi.                  H.R. 1893: Mr. PRICE of North Carolina and
                                                    Michigan,     Mr.     BOUSTANY,    Mrs.           H.R. 1232: Mr. GORDON, Mr. MILLER of                   Mr. MCHUGH.
                                                    BLACKBURN, Mr. KNOLLENBERG, Mr.                 North Carolina, Mr. HINCHEY, and Mr. WYNN.                 H.R. 1927: Mr. BACHUS and Mr. JINDAL.
                                                    MCCOTTER, Mr. FEENEY, Mr. SHAYS,                  H.R. 1245: Ms. BERKLEY.                                  H.R. 1937: Mrs. CAPITO, Mr. MCINTYRE, Mr.
                                                    Mr. WALBERG, Mr. HOEKSTRA, Mr. BU-                H.R. 1250: Mr. MARCHANT.                               ALLEN, Mr. DANIEL E. LUNGREN of California,
                                                    CHANAN, Mr. KIRK, Mrs. MILLER of                  H.R. 1304: Mr. SOUDER.                                 Mr. WU, Mr. ROYCE, Ms. BERKLEY, Mr.
                                                    Michigan, Mr. EHLERS, Mr. TERRY,                  H.R. 1314: Mr. SHAYS.                                  REHBERG, Mr. EVERETT, Mr. MELANCON, and
                                                    Mr. REYNOLDS, Mr. SESSIONS, Mrs.                  H.R. 1338: Mr. MEEHAN, Ms. CASTOR, and                 Mr. THOMPSON of California.
                                                    BONO, Mr. UPTON, Mr. MACK, Mr. SUL-             Mr. TOWNS.                                                 H.R. 1938: Mr. PRICE of North Carolina.
                                                    LIVAN, Ms. ESHOO, Mr. KELLER, Mr.                 H.R. 1346: Ms. LEE.                                      H.R. 1964: Mr. MEEHAN.
                                                    SHIMKUS, Mr. KILDEE, Ms. KIL-                     H.R. 1394: Mr. HINOJOSA and Mr. CONYERS.                 H.R. 1971: Mr. PATRICK MURPHY of Pennsyl-
                                                    PATRICK, Mr. STUPAK, Mr. HASTINGS                 H.R. 1406: Mr. PATRICK MURPHY of Pennsyl-              vania, Ms. CLARKE, Mr. DAVIS of Illinois, Ms.
                                                    of Florida, Mr. CONAWAY, Mr. HAYES,             vania.                                                   SUTTON, Mr. NEAL of Massachusetts, and Ms.
                                                    Mr. SHUSTER, Mr. WILSON of South                  H.R. 1415: Ms. HIRONO and Mr. NEAL of Mas-             CASTOR.
                                                    Carolina, Mr. LINCOLN DIAZ-BALART               sachusetts.                                                H.R. 1983: Mr. HASTINGS of Florida and Mr.
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                                                    of Florida, Ms. PRYCE of Ohio, Mr.                H.R. 1416: Ms. HIRONO and Mr. CAPUANO.                 MCGOVERN.
                                                    RADANOVICH, Mr. FERGUSON, Mr.                     H.R. 1418: Mr. THOMPSON of California.                   H.R. 1990: Mr. PETERSON of Minnesota and
                                                    BOOZMAN, and Mr. HALL of Texas):                  H.R. 1420: Mr. LARSEN of Washington.                   Mr. TANCREDO.
                                              H. Res. 488. A resolution congratulating                H.R. 1422: Mr. HASTINGS of Florida, Mr.                  H.R. 2027: Mr. JINDAL.
                                            the Detroit Tigers for winning the 2006                 MCGOVERN, and Mr. PUTNAM.                                  H.R. 2060: Mr. ROSS and Ms. DEGETTE.
                                            American League Pennant and for bringing                  H.R. 1428: Mr. MCHUGH.                                   H.R. 2066: Ms. NORTON.




                                      VerDate Aug 31 2005   01:24 Jun 16, 2007   Jkt 059060   PO 00000    Frm 00034   Fmt 7634   Sfmt 0634   E:\CR\FM\L14JN7.100   H14JNPT2
                                            June 14, 2007                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6477
                                              H.R. 2091: Mr. PLATTS.                                  H. Con. Res. 122: Mr. MEEHAN and Ms.                 Health Organization to approve the extend-
                                              H.R. 2111: Ms. CLARKE.                                DEGETTE.                                               ing of an invitation to Taiwan to participate
                                              H.R. 2129: Mrs. NAPOLITANO, Mr. BERMAN,                 H. Con. Res. 131: Mr. FOSSELLA.                      in the World Health Organization’s annual
                                            Mr. ROTHMAN, Mrs. JONES of Ohio, Mrs.                     H. Con. Res. 135: Mr. SESTAK.                        World Health Assembly meeting as an ob-
                                            TAUSCHER, Mr. DEFAZIO, Ms. ESHOO, and Mr.                 H. Con. Res. 136: Mr. LINCOLN DIAZ-BALART            server; to the Committee on Foreign Affairs.
                                            SCHIFF.                                                 of Florida.                                              65. Also, a petition of the Common Council
                                              H.R. 2137: Mr. JORDAN and Mr. WAMP.                     H. Con. Res. 137: Mr. WU, Ms. ROS-                   of the City of York, relative to a Resolution
                                              H.R. 2138: Ms. DELAURO, Mrs. BOYDA of                 LEHTINEN, and Mr. LINCOLN DIAZ-BALART of               urging the federal government States of
                                            Kansas, Mr. COLE of Oklahoma, Mr. TIAHRT,               Florida.                                               America to seek positive diplomatic rela-
                                            and Mr. GOHMERT.                                          H. Con. Res. 160: Ms. WATSON and Mr.                 tions with Committee on Foreign Affairs.
                                              H.R. 2139: Mr. KIRK, Mr. LINCOLN DAVIS of             MCCOTTER.                                                66. Also, a petition of the Board of Super-
                                            Tennessee, Mr. MOORE of Kansas, Ms. MOORE                 H. Con. Res. 163: Mr. THOMPSON of Cali-              visors of Los Angeles County, California, rel-
                                            of Wisconsin, Mr. CHANDLER, Mr. ELLSWORTH,              fornia.                                                ative to a Resolution opposing H.R. 811, the
                                            and Mr. WILSON of Ohio.                                   H. Res. 111: Ms. HARMAN and Mr. RYAN of              Voter Confidence and Increased Accessibility
                                              H.R. 2147: Mr. MOORE of Kansas.                       Ohio.                                                  Act and S. 559, the Vote Integrity and
                                              H.R. 2183: Mrs. JO ANN DAVIS of Virginia                H. Res. 121: Mr. RODRIGUEZ, Mr. MOLLOHAN,            Verification Act; to the Committee on House
                                            and Mr. BARTLETT of Maryland.                           Mr. WALSH of New York, Mr. DICKS, and Mr.              Administration.
                                              H.R. 2185: Ms. BORDALLO.                              WAMP.                                                    67. Also, a petition of the City of Key Col-
                                              H.R. 2204: Mr. CONYERS and Mr. MEEHAN.                  H. Res. 231: Mr. INGLIS of South Carolina.           ony Beach, Florida, relative to a Resolution
                                              H.R. 2205: Mr. DAVIS of Illinois.                       H. Res. 257: Mr. TIBERI.                             requesting that the Congress of the United
                                                                    ˜
                                              H.R. 2210: Mr. FORTUNO, Mr. GONZALEZ, and                                                                    States appropriate funds necessary to bring
                                                                                                      H. Res. 282: Mr. MEEHAN, Mr. NEAL of Mas-
                                            Mr. ABERCROMBIE.                                        sachusetts, Mr. CAPUANO, and Mr. SHULER.               the Herbert Hoover Dike into compliance
                                              H.R. 2214: Mr. LARSEN of Washington.                                                                         with current levee protection safety stand-
                                                                                                      H. Res. 287: Ms. LEE, Mr. WEXLER, and Mr.
                                              H.R. 2234: Mr. PAYNE, Ms. CASTOR, Ms.                                                                        ards; to the Committee on Transportation
                                                                                                    CROWLEY.
                                            JACKSON-LEE of Texas, Ms. SUTTON, and Mr.                                                                      and Infrastructure.
                                                                                                      H. Res. 335: Mr. MCDERMOTT and Mr.
                                            BRADY of Pennsylvania.                                                                                           68. Also, a petition of the Board of County
                                                                                                    GOODE.
                                              H.R. 2236: Mr. PRICE of North Carolina.                                                                      Commissioners of Glades County, Florida,
                                              H.R. 2247: Mr. STUPAK and Mrs. JO ANN                   H. Res. 356: Ms. DELAURO, Mr. Lincoln
                                                                                                    Diaz-Balart of Florida, and Ms. LEE.                   relative to Resolution No. 2007–7 requesting
                                            DAVIS of Virginia.                                                                                             that the Congress of the United States ap-
                                              H.R. 2266: Mr. HASTINGS of Florida, Mr.                 H. Res. 378: Mrs. MCCARTHY of New York,
                                                                                                    Mr. UPTON, Ms. HARMAN, Mr. COBLE, Mr.                  propriate the funds necessary to bring the
                                            WAXMAN, Mr. LARSEN of Washington, and
                                                                                                    Courtney, Mr. Lincoln Diaz-Balart of Flor-             Herbert Hoover Dike into compliance with
                                            Mrs. DAVIS of California.
                                                                                                    ida, Ms. ZOE LOFGREN of California, and Ms.            current levee protection safety standards; to
                                              H.R. 2287: Mr. HOLT and Mr. MCNERNEY.
                                                                                                    ROS-LEHTINEN.                                          the Committee on Transportation and Infra-
                                              H.R. 2303: Mr. BAKER.
                                              H.R. 2305: Mr. WALBERG.                                 H. Res. 384: Mr. HUNTER, Mr. HALL of                 structure.
                                              H.R. 2313: Mr. WU and Mr. MILLER of North             Texas, Mrs. MCMORRIS RODGERS, Mr. SES-                   69. Also, a petition of the InterCounty As-
                                            Carolina.                                               SIONS, Mr. TOWNS, Mr. INSLEE, Mr. BAIRD, Mr.           sociation of Western New York, relative to
                                              H.R. 2320: Ms. ZOE LOFGREN of California.             CRENSHAW, Mr. RENZI, Ms. ESHOO, and Mr.                Resolution No. 18–07 urging the United
                                              H.R. 2327: Ms. MCCOLLUM of Minnesota, Mr.             BISHOP of Utah.                                        States House of Representatives and the
                                            KIRK, Mr. MOORE of Kansas, Mr. BRADY of                   H. Res. 389: Mr. RANGEL.                             United States Senate to support mandatory
                                            Pennsylvania,       Mr.    GUTIERREZ,     Mr.             H. Res. 415: Mr. AL GREEN of Texas.                  funding for veterans’ healthcare services; to
                                            BLUMENAUER, and Mr. BURGESS.                              H. Res. 424: Mr. SESTAK.                             the Committee on Veterans’ Affairs.
                                              H.R. 2343: Mr. KUCINICH, Mr. MCHUGH, Mr.                H. Res. 425: Ms. SCHAKOWSKY.                                         f
                                            CARNAHAN, Ms. WOOLSEY, and Mr. GRIJALVA.                  H. Res. 433: Mr. DAVIS of Illinois.
                                              H.R. 2353: Mr. NADLER.                                  H. Res. 447: Mr. BURTON of Indiana and Mr.                      AMENDMENTS
                                              H.R. 2397: Mr. BRALEY of Iowa and Mr.                 GUTIERREZ.                                               Under clause 8 of rule XVIII, pro-
                                            WYNN.                                                     H. Res. 456: Mr. LATOURETTE.                         posed amendments were submitted as
                                              H.R. 2400: Ms. SHEA-PORTER.                             H. Res. 457: Mr. HASTINGS of Florida.                follows:
                                              H.R. 2405: Mr. GENE GREEN of Texas and                  H. Res. 477: Mr. JEFFERSON, Mrs. MCMORRIS
                                            Mr. DAVIS of Illinois.                                  RODGERS, Mr. MARSHALL, Mr. WILSON of                                       H.R. 2638
                                              H.R. 2425: Mr. REICHERT.                              South Carolina, and Mr. BISHOP of Georgia.                    OFFERED BY: MR. KING OF NEW YORK
                                              H.R. 2435: Ms. CASTOR.                                                                                          AMENDMENT NO. 132: Page 2, line 16, after
                                              H.R. 2457: Ms. SUTTON.                                                  f
                                                                                                                                                           the dollar amount, insert ‘‘(reduced by
                                              H.R. 2508: Mr. KINGSTON and Mr. GINGREY.                        PETITIONS, ETC.                              $35,000,000)’’.
                                              H.R. 2539: Mr. ARCURI.                                                                                          Page 31, line 18, after the dollar amount,
                                              H.R. 2542: Ms. GIFFORDS.                                Under clause 3 of rule XII, petitions                insert ‘‘(reduced by $5,000,000)’’.
                                              H.R. 2549: Mr. BRALEY of Iowa, Mr. NEAL of            and papers were laid on the clerk’s                       Page 51, line 17, after the dollar amount,
                                            Massachusetts, and Mr. PORTER.                          desk and referred as follows:                          insert ‘‘(increased by $40,000,000)’’.
                                              H.R. 2550: Mr. PUTNAM, Mr. SESSIONS, Mr.
                                                                                                      60. The SPEAKER presented a petition of                                  H.R. 2638
                                            DUNCAN, Mr. BUCHANAN, and Mr. SPACE.
                                                                                                    the Selectboard of Roxbury, Vermont, rel-                        OFFERED BY: MR. KING OF IOWA
                                              H.R. 2564: Mr. DONNELLY.
                                              H.R. 2578: Mr. BAKER and Mr. REYNOLDS.                ative to a Resolution supporting the men the              AMENDMENT NO. 133: At the end of the bill
                                              H.R. 2580: Ms. NORTON.                                Town of and women serving in all branches              (before the short title), insert the following:
                                              H.R. 2592: Mr. ENGEL.                                 of the United States Armed Forces in Iraq;                SEC. ll. None of the funds made available
                                              H.R. 2617: Ms. CASTOR.                                to the Committee on Armed Services.                    in this Act for customs and border protec-
                                              H.R. 2630: Mr. JINDAL and Mr. LOBIONDO.                 61. Also, a petition of the Legislature of           tion fencing, infrastructure, and technology
                                              H.R. 2670: Mr. WILSON of South Carolina,              Monroe County, New York, relative to Reso-             may be used for anything but at least two
                                            Mr. RADANOVICH, Mr. WESTMORELAND, and                   lution No. 07–0125 memorializing the Con-              layers of reinforced fencing and roads pursu-
                                            Mr. CAMPBELL of California.                             gress of the United States to pass legislation         ant to section 102 of Public Laws 104–208.
                                              H.R. 2677: Mr. FRANK of Massachusetts and             to decrease the disparity in military benefits
                                                                                                    between military reservists and enlisted                                   H.R. 2638
                                            Mr. DUNCAN.
                                              H.R. 2694: Mr. MORAN of Virginia, Ms.                 servicemen and women; to the Committee on                        OFFERED BY: MR. KING OF IOWA
                                            ESHOO, Mr. BUTTERFIELD, Mr. GEORGE MIL-                 Armed Services.                                           AMENDMENT NO. 134: At the end before the
                                            LER of California, and Mr. LATOURETTE.                    62. Also, a petition of the San Luis Coastal         short title, insert the following new section:
                                              H.R. 2707: Mrs. SCHMIDT and Mrs. JONES of             Unified School District, California, relative             SEC. ll. (a) Clause 6(b) of rule XIII of the
                                            Ohio.                                                   to Resolution No. 11–06–07 urging the Con-             Rules of the House of Representatives is
                                              H. Con. Res. 3: Mr. TIAHRT, Ms. SOLIS, Ms.            gress of the United States to review and ad-           amended by striking the period and inserting
                                            MCCOLLUM of Minnesota, and Mr. RANGEL.                  dress the necessary amendments to the No               ‘‘; or’’ at the end of subparagraph (2) and by
                                              H. Con. Res. 28: Mr. OBERSTAR.                        Child Left Behind Act so that schools can              adding at the end the following new subpara-
                                              H. Con. Res. 50: Mr. PENCE and Ms. ROS-               successfully implement the Act; to the Com-            graph:
                                            LEHTINEN.                                               mittee on Education and Labor.                            ‘‘(3) a rule or order that would limit any
                                              H. Con. Res. 70: Mr. ALLEN, Mr. ROTHMAN,                63. Also, a petition of Mr. Gavin Newsom,            amendment that would otherwise be in order
                                            Mr. BISHOP of New York, and Mrs. BIGGERT.               Mayor of the City Francisco, California, rel-          to a rescission bill.’’.
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                                              H. Con. Res. 87: Mr. MEEHAN.                          ative to supporting House Resolution recog-               (b) Clause 4(b) of rule X of the Rules of the
                                              H. Con. Res. 91: Mr. MEEHAN.                          nizing the Armenian Genocide of 1915; to the           House of Representatives is amended by in-
                                              H. Con. Res. 97: Mr. BISHOP of New York.              Committee on Affairs.                                  serting ‘(1)’ after ‘(b)’, by redesignating sub-
                                              H. Con. Res. 104: Mr. OLVER.                            64. Also, a petition of the Board of Super-          paragraphs (1) through (6) as subdivisions (A)
                                              H. Con. Res. 108: Ms. BORDALLO and Ms.                visors of Santa Clara County, California, rel-         through (F), respectively, and by adding at
                                            WATSON.                                                 ative to a Resolution urging the World                 the end the following:




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                                            H6478                                              CONGRESSIONAL RECORD — HOUSE                                                          June 14, 2007
                                              ‘‘(2)(A) Whenever a rescission bill passes                                H.R. 2638                                             H.R. 2642
                                            the House, the Committee on the Budget                      OFFERED BY: MR. WALZ OF MINNESOTA                    OFFERED BY: MS. JACKSON-LEE OF TEXAS
                                            shall immediately reduce the applicable allo-              AMENDMENT NO. 9: Page 30, line 14, after
                                            cations under section 302(a) of the Congres-                                                                     AMENDMENT NO. 15: At the appropriate
                                                                                                    the dollar amount, insert the following: ‘‘(re-        place, add the following new section:
                                            sional Budget Act of 1974 by the total                  duced by $1,000,000)’’.
                                            amount of reductions in budget authority                                                                       SEC. ll. ESTABLISHMENT OF DEPARTMENT OF
                                                                                                       Page 32, line 22, after the dollar amount,                     DEFENSE MEDICAL CENTERS SPE-
                                            and in outlays resulting from such rescission           insert    the    following:   ‘‘(increased  by                    CIALIZING IN POST TRAUMATIC
                                            bill.                                                   $1,000,000)’’.                                                    STRESS   DISORDER  IN UNDER
                                              ‘‘(B) As used in this subparagraph, the                  Page 32, line 23, insert after 2009 the fol-                   SERVED AREAS.
                                            term ‘rescission bill’ means a bill or joint            lowing: ‘‘, of which $1,000,000 is for the Sec-          (a) INCREASE.—The Secretary of Veterans
                                            resolution which only rescinds, in whole or             retary of Veterans Affairs and the Secretary           Affairs shall increase the number of medical
                                            in part, budget authority and which includes            of Defense to develop performance measures             centers specializing in post-traumatic stress
                                            only titles corresponding to the most re-               for determining progress toward the sharing            disorder in underserved urban areas, which
                                            cently enacted appropriation bills that con-            of Department of Veterans Affairs and De-              shall include using the services of existing
                                            tinue to include unobligated balances.’’.               partment of Defense health care resources              health care entities.
                                              (c) Rule XIII of the Rules of the House of            pursuant to section 8111 of title 38, United             (b) SPECIFIC CRITERIA.—At least one of the
                                            Representatives is amended by adding at the             States Code, and to submit to Congress a re-           existing health care institutions used by the
                                            end the following new clause:                           port on such performance measures’’.                   Secretary pursuant to subsection (a) shall
                                              ‘‘8. (a) By February 1, May 1, July 30, and                               H.R. 2638                          be—
                                            November 11 of each session, the majority                                                                        (1) located in an area defined as a HUBzone
                                            leader shall introduce a rescission bill. If                       OFFERED BY: MRS. CAPITO
                                                                                                       AMENDMENT NO. 10: Page 31, line 6, after            (as the term is defined in section 3(p) of the
                                            such bill is not introduced by that date, then                                                                 Small Business Act (15 U.S.C. 632(p)) on the
                                            whenever a rescission bill is introduced dur-           ‘‘Philippines’’, insert ‘‘: Provided further,
                                                                                                    That of the amount appropriated under this             basis of one or more qualified census tracts;
                                            ing a session on or after that date, a motion                                                                    (2) located within a State that has sus-
                                            to discharge the committee from its consid-             heading, $10,000,000 may not be obligated or
                                                                                                    expended until the Secretary of Veterans Af-           tained more than five percent of the total
                                            eration shall be privileged after the 10-legis-                                                                casualties suffered by the United States
                                            lative day period beginning on that date for            fairs submits a report to the Committee on
                                                                                                    Appropriations and the Committee on Vet-               Armed Forces in Operation Enduring Free-
                                            the first 5 such bills.                                                                                        dom and Operation Iraqi Freedom as May 1,
                                              ‘‘(b) It shall not be in order to offer any           erans Affairs of the House of Representatives
                                                                                                    outlining the progress and plan for imple-             2007; and
                                            amendment to a rescission bill except an                                                                         (3) have at least 20 years experience and
                                            amendment that increases the amount of                  mentation of the Office of Rural Health
                                                                                                    within the Office of the Under Secretary for           significant expertise in providing treatment
                                            budget authority that such bill rescinds.                                                                      and counseling services with respect to sub-
                                              ‘‘(c) As used in this clause and in clause 6,         Veterans Health, which shall be fully imple-
                                                                                                    mented by January 1, 2008’’.                           stance abuse, alcohol addiction, and psy-
                                            the term ‘rescission bill’ has the meaning                                                                     chiatric or stress-related disorders to popu-
                                            given such term in clause 4(b)(2)(B) of rule                                H.R. 2642
                                                                                                                                                           lations with special needs, including vet-
                                            X.’’.                                                              OFFERED BY: MRS. CAPITO                     erans and members of the Armed Forces
                                              (d) Rule XXI of the Rules of the House of                AMENDMENT NO. 11: Page 32, line 8, after            serving on active duty.
                                            Representatives (as amended by subsection               ‘‘appropriation’’, insert ‘‘: Provided further,
                                            (d)) is further amended by adding at the end                                                                                      H.R. 2642
                                                                                                    That $10,000,000 of such funds may not be ob-
                                            the following new clause:                               ligated or expended until the Secretary of                OFFERED BY: MS. JACKSON-LEE OF TEXAS
                                              ‘‘8. (a) It shall not be in order to consider         Veterans Affairs submits to the House of                 AMENDMENT NO. 16: At the appropriate
                                            any rescission bill, or conference report               Representatives an executable plan, to be              place, add the following new section:
                                            thereon or amendment thereto, unless—                   implemented not later than January 1, 2010,            SEC. ll. ESTABLISHMENT OF DEPARTMENT OF
                                              ‘‘(1) in the case of such bill or conference          for maintaining medical records that are                          VETERANS AFFAIRS MEDICAL CEN-
                                            report thereon, it is made available to Mem-            interoperable between the Department of                           TERS SPECIALIZING IN POST TRAU-
                                            bers and the general public on the Internet             Veterans Affairs and the Department of De-                        MATIC STRESS DISORDER IN UNDER
                                            for at least 48 hours before its consideration;                                                                           SERVED AREAS.
                                                                                                    fense’’.
                                            or                                                                                                               (a) INCREASE.—The Secretary of Veterans
                                                                                                                        H.R. 2642
                                              ‘‘(2)(A) in the case of an amendment to                                                                      Affairs shall increase the number of medical
                                            such rescission bill made in order by a rule,                     OFFERED BY: MR. DONNELLY                     centers specializing in post-traumatic stress
                                            it is made available to Members and the gen-               AMENDMENT NO. 12: Page 44, after line 22,           disorder in underserved urban areas, which
                                            eral public on the Internet within one hour             insert the following new section:                      shall include using the services of existing
                                            after the rule is filed; or                                SEC. ll. Not later than 30 days after the           health care entities.
                                              ‘‘(B) in the case of an amendment under an            date of the enactment of this Act, the Sec-              (b) SPECIFIC CRITERIA.—At least one of the
                                            open rule, it is made available to Members              retary of Veterans Affairs shall submit to             existing health care institutions used by the
                                            and the general public on the Internet imme-            Congress a report explaining what is being             Secretary pursuant to subsection (a) shall
                                            diately after being offered; in a format that           done to implement the eight open rec-                  be—
                                            is searchable and sortable. No amendment to             ommendations made to the Secretary by the                (1) located in an area defined as a HUBzone
                                            an amendment to a rescission bill shall be in           Government Accountability Office for im-               (as the term is defined in section 3(p) of the
                                            order unless germane to the amendment to                proving the timeliness, accuracy and consist-          Small Business Act (15 U.S.C. 632(p)) on the
                                            which it is offered.                                    ency of disability claims processing by the            basis of one or more qualified census tracts;
                                              ‘‘(b) No amendment to an amendment to a               Department of Veterans Affairs, as recorded              (2) located within a State that has sus-
                                            rescission bill shall be in order unless ger-           in a letter dated May 25, 2007, sent by the            tained more than five percent of the total
                                            mane to the amendment to which it is of-                Government Accountability Office to the                casualties suffered by the United States
                                            fered.’’.                                               President’s Commission on Care for Amer-               Armed Forces in Operation Enduring Free-
                                                                                                    ica’s Returning Wounded Warriors (GAO–07–              dom and Operation Iraqi Freedom as May 1,
                                                                 H.R. 2638                          906R).                                                 2007; and
                                                       OFFERED BY: MR. BURGESS                                          H.R. 2642                            (3) have at least 20 years experience and
                                              AMENDMENT NO. 135: Page 2, line 16, after                      OFFERED BY: MRS. BLACKBURN                    significant expertise in providing treatment
                                            the dollar amount, insert ‘‘(reduced by                    AMENDMENT NO. 13: In section 405 (page 48,          and counseling services with respect to sub-
                                            $15,000,000)’’.                                         beginning on line 11), strike ‘‘encouraged’’           stance abuse, alcohol addiction, and psy-
                                              Page 23, line 16, after the dollar amount,            and insert ‘‘directed’’.                               chiatric or stress-related disorders to popu-
                                            insert ‘‘(increased by $15,000,000)’’.                                                                         lations with special needs, including vet-
                                                                                                                        H.R. 2642
                                                                 H.R. 2638                                                                                 erans and members of the Armed Forces
                                                                                                                 OFFERED BY: MR. PENCE                     serving on active duty.
                                                  OFFERED BY: MR. KING OF NEW YORK                     AMENDMENT NO. 14: At the end of the bill                               H.R. 2642
                                              AMENDMENT NO. 136: Page 2, line 16, after             (before the short title), insert the following
                                            the dollar amount, insert ‘‘(reduced by                 new section:                                                 OFFERED BY: MR. PRICE OF GEORGIA
                                            $35,000,000)’’.                                            SEC. 409. None of the funds appropriated or           AMENDMENT NO. 17: Page 10, line 17, after
                                              Page 31, line 18, after the dollar amount,            otherwise made available by this Act may be            the dollar amount, insert ‘‘(reduced by
                                            insert ‘‘(reduced by $5,000,000)’’.                     used for construction of a structure or pur-           $50,000,000)’’.
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                                              Page 51, line 17, after the dollar amount,            chase of equipment for the purpose of per-               Page 27, line 6, after the dollar amount in-
                                            insert ‘‘(increased by $40,000,000)’’.                  forming abortions.                                     sert ‘‘(increased by $22,000,000)’’.




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