Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2007

SCIENCE, STATE, JUSTICE, COMMERCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2007

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Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, my amendment increases funding for the FBI by $40 million to conduct security background checks. Since the attacks of September 11, the FBI's National Name Check Program has remained dangerously underfunded and has accumulated a significant backlog of uncompleted required security checks. Backlogs in security checks requested by the Immigration Service have led to major delays in the processing of immigration applications and, therefore, to a very real national security risk.

If some of these applicants pose a genuine national security risk, they need to be found, arrested and deported immediately. Instead, there is a backlog of over 116,000 applications for permanent residency in the New York district office alone awaiting FBI background checks.

In fiscal year 2006, the National Name Check Program received 3.3 million requests for background checks, but it has only 125 people to process them and an anemic operating budget of $12.4 million. The program does charge fees, but the fee structure was set prior to 9/11 and falls far short of covering the program's cost.

Program employees have to search FBI files, often manually, in over 265 different locations across country. Having to spend so much of its resource on background checks dilutes the FBI's responsiveness, limits information sharing, and hampers counterintelligence and counterterrorism work.

People who are here legally seeking residency or citizenship are prevented from renewing work or travel documents while awaiting the okay from the FBI. Those receiving Social Security face termination of their benefits if they don't become citizens within 7 years, even though their citizenship applications cannot be processed while awaiting the FBI report.

Last year, the committee included report language directing the FBI to conduct a review of the fee structure for background checks done for the Immigration Service. As far as I know, the FBI has yet to send this review to Congress.

This year the committee report says it ``expects the FBI to work with these agencies to ensure that sufficient resources are made available to eliminate the backlog as soon as possible.''

``The committee expects the FBI to set the Name Check fee at a level that adequately covers the cost to conduct requested background checks.''

This is not an adequate fix to this problem. Congress should do more than tell the FBI it expects it to do more. That is why I am offering this amendment. CRS estimates that $40 million is needed to eliminate the backlog. This amendment will enable the FBI to create a centralized records repository where all of its paper files can be located and to develop, design, implement the system to store its active files electronically.

It will reduce the burdens on people who are here legally seeking permanent residency and citizenship, and it would get would-be terrorists out of America swiftly.

Mr. Chairman, I strongly urge the adoption of this amendment.

Mr. Chairman, I reserve the balance of my time.

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Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, the distinguished chairman makes a good point. If we were not splurging all of our money trying to get rid of the estate tax, we could put $40 million more into the Department of Justice. That would be preferable. But the fact is, we are limited to the amount we are, and I have to take an offset from somewhere.

This $40 million will enable people not to lose their Social Security because their time limit runs out while they are waiting for the FBI background check. It will enable this country to be safer because we will find out about some would-be terrorists while they are still within the clutches of the law.

That makes sense. Yes, it will take money away from the rest of the Justice Department. And the account that it will take the money away from will go from $669 million to $629 million, a 5.9 percent cut. Yes, we are cutting the rest of the Justice Department by 5.9 percent to fund this crucial area of the FBI.

Now, the gentleman says that it is fee-based, that he asks for a report to the fee. But where is that report? If they increase the fees, if the FBI increases the fees, they are still taking the money from the other agencies within the Departments of Justice or Homeland Security. The immigration service would pay a bigger fee.

Other agencies within DOJ that are asking the FBI for the background check would pay a bigger fee. It is all the same pot of money. So the question is, Do we want to be able to catch would-be terrorists and get their names by getting the background check on time?

Do we want people who are legal immigrants to be able to get their citizenship processed and not wait 7, 8, 9, 10 years? Yes, it would be most preferable if we did not have to rob Peter to pay Paul. But because of what that side of the aisle is doing, we have to rob Peter to pay Paul. I submit we ought to pay Paul here and Peter can afford it better than Paul can, because we are reducing a $669 million account, which is an important account, by 5.9 percent; but we will get justice done on time.

Mr. Chairman, I yield back the balance of my time.

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