the speaker pro tempore: on this vote the yeas are the yeas are 36.

the speaker pro tempore: on this vote the yeas are the yeas are 36 and the nays are 381. the motion is not adopted. for what purpose does the gentleman from north carolina rise? >> madam speaker, i ask unanimous consent that all members may have five legislative days in which to revise and extend their remarks and to include extraneous material on h.r. 2892 and that i may include material on the same bill. the speaker pro tempore: without objection. pursuant to house resolution 573 and rule 18, the chair declares the house in the committee of

the whole house on the state of the union for the consideration of h.r. 2892. the chair appoints the gentlewoman from colorado, ms. degette, to provide over the committee of the whole. the chair: the house is in the committee of the whole house on the state of the union for the consideration of h.r. 2892 which the clerk will report by title. the clerk: a bill making appropriations for the department of homeland security for the fiscal year ending september 30, 2010, and for other purposes. the chair: pursuant to the rule, the bill is considered read the first time. the gentleman from north carolina, mr. price, and the gentleman from kentucky, mr. rogers, each will control 30 minutes. the chair recognizes the

gentleman from north carolina. mr. price: madam speaker, i'm pleased to present the fiscal year 2010 homeland security appropriations bill as reported by the homeland security appropriations subcommittee. it's the product of extensive information gathering and animal sis with 15 hearings touching every department of homeland security component. the bill provides the resources and the direction that the department needs for the coming fiscal year. this bill also reflects our subcommittee's tradition of bipartisan cooperation initiated by its first chairman and now ranking member, hal rogers. i want to thank the distinguished ranking member for his advice and help in making this about eighter bill and for his staff, too, for working so closely and constructively with us. we agree on most of this bill and i believe this is a bill that every member in this body can get behind. in total the bill contains 42 -- $42.625 billion in appropriations for the

department of homeland security. this is $2.6 billion or $6.5% above the comparable fiscal year 2009 amount and about 1% below the administration request excluding coast guard overseas contingency operations. this level reflects our share of the $10 billion cut made in the budget resolution to the administration's overall request. homeland security requires -- the chair: will the gentleman suspend? the committee will come to order. members will take their conversations off the floor. the gentleman may proceed. mr. price: homeland security requires identification of and response to all threats whether manmade or natural. this all hazards approach is the

hallucinate mark of our subcommittee and an approach we're happy to see president obama and secretary napolitano embrace. the threat of pandemic flu is an unmistakable reminder of why we must prepare for all hazards, as is the annual and predictable onslaught of natural disasters, from hurricanes and floods to wildfires and ice storms. accordingly this bill will enable our government to better protect the american people against all major threats. appropriately for the start of hurricane season, the bill maintains a robust $844 million for fema management administration and $2 billion for disaster relief. in addition, the bill and report specifically place fema at the forefront of disaster replace management, thereby avoiding confusion when working with our state and local partners. state and local emergency managers and first responders are equal partners in disaster preparedness and response. and i'm pleased that the administration's budget request recognizes this important

partnership. the bill strengthens our committee to -- commitment to our state and local partners by providing $3.96 billion for grant and traping programs, including $33 million for emergency performance grants, our one true all hazards grant program, $950 million for state homeland security grants, $887 million for the urban area security initiative, which targets the highest risks of terrorism, and $800 million for firefighter assistance grants. within that $800 million for firefighter assistance grants, $420 million is for safer staffing grants, personnel grants, and $380 million is for basic equipment and training grants. the additional funding for safer is part of a targeted and temporary effort to stem the tide of layoffs and ensure our communities are protected by an adequate number of firefighters. in addition to the increased funding, the supplemental appropriations bill just passed allowed the waiver of certain restrictions and broadens the

use of safer to allow the grants to be used for the hiring, rehiring and retention of firefighters for fiscal years 2009 and 2010. madam chairman, one could make the argument for increasing nearly any account in this bill but since we can't spend the whole federal treasury on homeland security, we must base our priorities on risk. the subcommittee has done this with respect to the identification and removal of illegal aliens who have committed crimes. in other words, illegal aliens who have proven their capacity to do harm in our communities. the bill continues tradition of recent bills by targeting $1.5 billion of immigration and customs enforcement appropriations for this priority. an effort that the president and secretary napolitano wholeheartedly support. part of this funding furthers development of the secure program which provides a productive approach for federal immigration agents to work closely with state and local law

enforcement while distinguishing traditional federal role of enforcing immigration law from the local role of prosecuting criminal violations. week of heard from many law enforcement and community groups about the importance of keeping a bright line between immigration enforcement and local community policing. and secure communities program does just that. taking on the international drug cartels along our southwest boarder is another major priority we support in this bill. the bill enhances funding for c.b.p. and i.c.e. to combat illegal narcotics smuggling from mexico and others. the bill supports a realistic and strategic approach to the southwest border infrastructure and maintains a historically robust border patrol forest --s for -- force. other specifically priorities week of funded include $800 million for explosive detection systems at airports and $122.8 million for air cargo security

to meet the 100% screening requirement for air cargo in the hold of passenger planes by august of 2010. $804 million to continue developing systems to screen inbound, land and sea-based cargo for weapons or nuclear materials which includes $162 million to strengthen overseas operations to monitor and target cargo. $241.5 million for the coast guard to support overseas contingencies in the persian gulf and off the coast of somalia. $382 million for cyber security, to help protect vulnerable computer infrastructure from the escalating sophistication and intensity of cyber attacks and $10 million above the administration's request to expand the alternatives it to detention program nationwide. alternatives it to detention is a cost-effective alternative for low-risk individuals such as asylum seekers, families and the elderly.

the bill includes several policy items requested by the administration. it clarifies authorities for temporary protected status petitions and visa fraud investigations. it extends the e-verify program for two years and the provision related to the imported prescription drugs. as it did last year, this bill contains member-requested and presidential earmarks. each member's project has been vetted by d.h.s. and deemed eligible. if part of a grant program or consistent with the department's mission otherwise. we did have to reduce member earmarks by 5% below last year's level. this is a good bill, one hope every member will support and i reserve the balance of my time. the chair: the gentleman from kentucky. mr. rogers: madam chairman. the chair: the gentleman from kentucky. mr. rogers: i yield myself such time as i may consume. the chair: the gentleman is recognized. mr. rogers: let me start, madam

chairman, by commending the chairman on putting together a thoughtful bill. i also want to sincerely thank him for listening to our concerns on this side and for continuing this subcommittee's traditions of bipartisanship and professionalism. . however, i must express my grave concern ompe an issue that casts a long and sad shadoove over this important bill. the fact that we are not here today debating this bill under an open rule. that breaks with long cherished traditions concerning appropriations bills. and i, for one, am outrage that had today's debate on the critical issue of homeland security has been arbitrarily

constrained. such dictatorial tactics are contrary to the purpose of this chamber and our legislative process. and to add insult to injury, the majority also denies the ability of a hard-working member of our subcommittee, the gentleman from california, and even the ranking member of this subcommittee, to offer amendments on e-verify. both amendments were clearly in order. and both amendments pertained the critical issue that's germane to this bill. to deny us the ability to offer such legitimate amendments is a complete travesty. now as to the 2010 bill, chairman price has already discussed many of the details, so i'll refrain from repeating them, but i think it's important to note that with this bill before us today, the chairman

has significantly improved the hand that we were dealt by the administration, a hand that included an extremely late and bureaucracy-laden budget request, with huge increases for policy and administrative offices at headquarters at the expense of operations. and also a somewhat tightened 302b allocation, that is nearly half a billion dollars below the budget estimate. these conditions present a somewhat mixed picture about how this new administration and the current house leadership are prioritizing security nearly eight years after 9/11. indeed, i find it incredibly ironic and disappointing that just two weeks ago, president obama released a 77-page strategy on stopping the mexican

drug cartels that professes the need to enhance our intelligence and drug interdiction capabilities and yet his 2010 budget only marginally increases homeland's intelligence office and border patrol and actually proposes cuts to customs and border patrol's operational assets and the coast guard personnel. it's a prime example of where the president's rhetoric doesn't match reality. given the current threaten virmente, now is not the time -- threat environment, now is not the time to leave our personnel in the lunch wanting tools to fulfill their mission. having said all that, i do think

the chairman has endeavored to make up for these deficiencies by somewhat scaling back on the administration's plans for more bureaucrats, making some prudent enhancements to operations and producing a pretty good bill for 2010. that's not to say it is absolutely perfect. there are some areas where i would have changed and concern about. one of the concerns i have is the bill's funding levels for operational and surveillance assets. while the chairman has made some enhancements to operations, more could and should be done to equip our operators in the field . with the drug war raging in mexico and the drug supply lines bustling from south america, we must not only step up operations along the southwest border, but also increase our interdiction efforts in the source and transit zones.

second, i would be remiss, madam chairman, if i didn't clarify my position on a piece of language contained in the report accompanying today's bill. on page 49, the report says, and i quote, that i.c.e. must have no higher immigration enforcement priority, end of quote, referring to the identification and removal of criminal yalens. now, i know the issue of criminal aliens is near and dear to the chairman's heart as is mine. i have supported his efforts in this regard, with one major caveat, that an emphasis upon criminal aliens will not come at the expense of other critical immigration and enforcement functions. every time i hear someone on the other side of the aisle profess that i.c.e. should have no

higher immigration enforcement priority than criminal aliens, i must remind them that not one of the 9/11 hijackers could be classified as criminal aliens and all of the 9/11 terrorists exploited the legal immigration system. so immigration enforcement matters to our homeland security. and we must not lose sight of that fact. now in addition to these concerns, i think it's imperative that the homeland security implications of closing the guantanamo bay facility be thoroughly addressed. so i'm thankful that through a bipartisan effort during our committee markup, we adopted my amendment to require the department to conduct a thorough threat assessment for each and every guantanamo detainee, to add their names as well to the

no-fly list and prevent the possibility of immigration benefits being used as a loophole that could lead to the release of these detainees into the united states. this is a deadly serious issue. we need to know the threat posed by possible transfer of these terrorists to both our hometowns and susceptible inmate populations in our prisons across our country. and this need to know is exacerbated by the fact that the president is moving forward with detainee transfers and resettlements as we speak, ignoring congress' bipartisan, bicameral calls for better planning and risk analysis. the adoption of that amendment is a prime example of how this body can work together in the

name of responsible oversight and security. and i believe it's an absolutely vital addition to the bill. madam chairman, it's my hope we can continue to address these issues and further improve what i believe to be a well crafted bill. while i may have made it clear it's my intention to support this bill, i will also continue to voice my suggestions for how it can be strengthened. in closing, let me again voice my disappointment and indignation with the majority's decision to close down a full and open debate on today's bill. this misguided decision by the democrat leadership clouds what should be a thorough discussion of the safety and security of our nation. thank you, madam chairman. i look forward to working with the chairman of the subcommittee and the committee as we continue to move the bill through the

2010 process, a process that i hope can salage some vettage of the long-standing traditions of open and fair debate. i reserve. the chair: the gentleman from north carolina. mr. price: i yield myself one minute, to be followed by four minutes for a colloquy. before we go any further in this debate today, i do want to pay tribute to our staff by name, these staff members have worked day and night for weeks now up to the committee markup and now up to this floor consideration. our chief clerk, stephanie, jeff, jim, will, adam, matt and from my staff, paul cox who spends full-time on homeland security matters. ben and we again like to thank these staff members, true professionals for the way they

back up our work. madam chair, i would like to yield four minutes to the gentleman for four minutes for the purpose of a colloquy. the chair: the gentleman is recognized. mr. polis: my colleague and i would like to engage the chairman in a colloquy for funding and alternatives for detention. over the last decade, the united states has spent billions of dollars in the detention of hundreds of thousands of mostly noncriminal immigrants and asylum seekers. there are viable alternatives and they are generally more affordable and humane than detention itself. it's not surprising that the immigrations and customs enforcement has recognized the need for alternatives such as intensive supervision and enhanced supervision and reporting program, which includes electronic monitoring. the homeland security appropriations act for fiscal year 2010, funds these lesser expensive means for enforcing

our immigration laws, allocating $74 million. ms. roybal-allard: mr. polis. i share your concerns about the financial cost of detention and i'm distressed by the impact that our current policies have on families and communities. every year, hundreds of thousands of noncriminal immigrants are held in detention. many of these immigrants are detained for months or years and one of several detention facilities in the country. they face inadequate access to medical care, legal assistance and other necessary resources. separated from their families and communities, they may languish in isolation and fall into depression. in some cases, eire families are held in prison-like conditions. i believe we can do better and having introduced legislation to address many of these concerns. i commend chairman price for

recognizing the importance of funding alternatives to detention, a major step towards reforming our detention system. mr. polis: i yield to chairman price. mr. price: i thank representative polis and representative roybal-allard for the work they have done on this issue, for highlighting the financial costs and human impact of i.c.e.'s current detention policy. i believe we can do better. the average cost is about $100 per person per day, alternative rvices, such as telephone reporting, unannounced home visits and electronic monitoring costs less than $20 per person per day and are successful. the intensive supervision appearance program currently has a 99% total appearance rate for all immigration hearings. a 95% appearance at final removal hearing and 91% compliance rate on removal

orders. this program has been successful at pilot sites in colorado, california, kansas, maryland and pennsylvania. i.c.e. has sought funding. this increases the budget for alternatives to detention programs by 16% above the president's request. mr. polis: i thank the chairman highlighting most cost effective alternatives and recognizing the financial costs. i applaud his leadership as well as congresswoman roybal-allard on this important issue. and i yield back. mr. price: i reserve the balance of my time. the chair: the gentleman from kentucky. mr. rogers: i yield three minutes to a very hard-working member of our subcommittee, mr. calvert. the chair: the gentleman is recognized. mr. calvert: i would like to thank the chairman, chairman price and ranking member rogers for crafting the homeland security appropriations bill and

i appreciate the recognition of the air and marine operations center, which is located in my congressional district. it has been foremost in aviation law enforcement. it coordinates our operations in the united states. it plays an integral role in protecting us from attack from drug smuggling across our borders. i was disappointed that the extension of e-verify was reduced from the president's request of three years to two years. the house overwhelmingly passed a five-year re-authorization last year and i think many people would support a permanent re-authorization of e-verify. i offered an amendment that was repeatedly told that a re-authorization of e-verify will be part of a comprehensive immigration reform bill, which simply makes no sense. a re-authorization of a voluntary program that has existed for 13 years should not be part of immigration reform debate. perhaps my fen