[House Report 111-183]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-183
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2892) MAKING
APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES
_______
June 23, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Perlmutter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 573]
The Committee on Rules, having had under consideration
House Resolution 573, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2892, the
Department of Homeland Security Appropriations Act, 2010, under
a structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations. The
resolution waives all points of order against consideration of
the bill except for clauses 9 and 10 of rule XXI. The
resolution waives all points of order against provisions in the
bill for failure to comply with clause 2 or 5 of rule XXI.
The resolution makes in order the following amendments: (1)
the amendment printed in part A of this report; (2) the
amendments printed in part B of this report; (3) not to exceed
four of the amendments printed in part C of this report, if
offered by Representative Flake of Arizona or his designee; and
(4) not to exceed one of the amendments printed in part D of
this report, if offered by Representative Campbell of
California or his designee.
The resolution provides that each such amendment shall be
considered as read, shall be debatable for 10 minutes equally
divided and controlled by the proponent and an opponent, and
shall not be subject to a demand for division of the question
in the House or in the Committee of the Whole. All points of
order against such amendments are waived except those arising
under clause 9 or 10 of rule XXI. The resolution also provides
that the amendments printed in part B, C, or D of this report
may be offered only at the appropriate point in the reading.
The resolution provides that for those amendments reported
from the Committee of the Whole, the question of their adoption
shall be put to the House en gros and without intervening
demand for division of the question. The resolution provides
one motion to recommit with or without instructions.
The resolution provides that after consideration of the
bill for amendment, the chair and ranking minority member of
the Committee on Appropriations or their designees each may
offer one pro forma amendment to the bill for the purpose of
debate, which shall be controlled by the proponent. The
resolution provides that the Chair may entertain a motion that
the Committee rise only if offered by the chair of the
Committee on Appropriations or his designee and that the Chair
may not entertain a motion to strike out the enacting words of
the bill (as described in clause 9 of rule XVIII). Finally, the
resolution provides that during consideration of H.R. 2892, the
Chair may reduce to two minutes the minimum time for electronic
voting under clause 6 of rule XVIII and clauses 8 and 9 of rule
XX.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for clauses 9 and 10 of rule XXI) includes a
waiver of clause 4(c) of rule XIII, requiring the three-day
availability of printed hearings on a general appropriation
bill, and a waiver of Section 306 of the Congressional Budget
Act, prohibiting consideration of legislation within the
jurisdiction of the Committee on the Budget unless reported by,
or discharged from, the Budget Committee.
The waiver of all points of order against provisions in the
bill includes a waiver of clause 2 of rule XXI, prohibiting
unauthorized appropriations or legislative provisions in an
appropriations bill, and a waiver of clause 5(a) of rule XXI,
prohibiting tax or tariff provisions in a bill not reported by
a committee with jurisdiction over revenue measures.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 140
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 141
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Dreier.
Summary of motion: To grant a modified open rule with a
preprinting requirement.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 142
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Dreier.
Summary of motion: To strike section 4 of the rule,
allowing the Majority to impose two-minute voting.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 143
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Dreier.
Summary of motion: To strike the sentence in section 1 of
the rule requiring that amendments reported from the Committee
of the Whole be adopted en gros.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 144
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Dreier.
Summary of motion: To make in order an amendment by Rep.
Rogers (KY), #20, which would prohibit funds in the bill from
being used to implement, administer, or enforce any regulation,
order, or other action by DHS to postpone the final rule
requiring Federal contractors to participate in E-Verify.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 145
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Dreier.
Summary of motion: To make in order an amendment by Rep.
Brown-Waite (FL), #47, which would provide $89 million for
border fencing, offset by redirecting funds from the Under
Secretary for Management.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 146
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Dreier.
Summary of motion: To make in order an amendment by Rep.
Roskam (IL), #79, that would prohibit funds in the bill from
being used in contravention of the implementing regulations of
REAL ID.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 147
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. McCaul (TX), #56, which would
prohibit funds appropriated by this bill from being used on any
program or project named after a current Member, Delegate, or
Resident Commissioner or Senator of the U.S. Congress.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
Rules Committee record vote No. 148
Date: June 23, 2009.
Measure: H.R. 2892.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order an amendment by Rep.
Cao (LA), #55, which would increase the budget of the Office of
the Federal Coordinator for Gulf Coast Recovery by $1 million,
offset by reducing funding for the Office of the Undersecretary
for Management.
Results: Defeated 2-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENT IN PART A TO BE MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. David Price, (NC) Manager's Amendment that would
increase funding for the Firefighter grant program, nonprofit
security grants, the Metropolitan Medical Response System, and
the Western Hemisphere Travel Initiative. In addition, the
amendment contains two prohibitions on funds in this bill being
used: for first class travel, with certain exceptions, and to
close or transfer operations of a FEMA recovery office.
Finally, the amendment would ensure DHS employees who interact
with the public can use personal protective equipment without
negative personnel action.
SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER
1. Bilirakis (FL) Would increase funding for Immigration
and Customs Enforcement (ICE) salaries and expenses by $1.7
million offset by reducing funding for the Office of the
Secretary and Executive Management. The funds are intended to
be used to expand the Visa Security Program, which places ICE
personnel overseas at high-risk locations to screen visa
applications.
2. Duncan (TN) Would maintain current (FY2009) funding for
the Federal Air Marshals.
3. Steve King (IA) Would reduce and then increase funding
for United States Customs and Border Protection salaries and
expenses by $1 million. This funding would go towards removing
the lookout posts that have been established along the U.S.-
Mexico border.
4. Steve King (IA) Would prohibit any funds in the Act from
being used to employ illegal workers as defined in the
Immigration and Nationality Act.
5. Jerry Lewis (CA) Would add $34 million to US Customs and
Border Protection, intending to fund 200 additional Border
Patrol agents, offset by reducing funding for the Offices of
the Secretary and Executive Management; Under Secretary for
Management; Chief Financial Officer; and Chief Information
Officer.
6. Neugebauer (TX) Reduces spending in this act by
$2,755,000,000 across multiple accounts.
7. Poe (TX) Would increase by $32 million funds available
for the National Predisaster Mitigation Fund, offset by
reducing by the same amount funds available for FEMA Management
and Administration.
8. King (NY) Would add $50 million in funding to the
Domestic Nuclear Detection Office, with $40 million intended
for the Securing the Cities initiative and $10 million intended
for the procurement of radiation portal monitors, offset by a
reduction in the Department's Office of the Secretary and
Executive Management and the Office of the Under Secretary for
Management.
SUMMARY OF AMENDMENTS IN PART C
1. Jeff Flake (AZ) Would prohibit funds in the bill from
going to Global Solar, Arizona, for portable solar charging
rechargeable battery systems, and reduce the overall cost of
the bill by a commensurate amount.
2. Jeff Flake (AZ) Would prohibit funds in the bill from
going to the National Institute for Hometown Security,
Kentucky, and would reduce the overall cost of the bill by a
commensurate amount.
3. Jeff Flake (AZ) Would prohibit funds in the bill from
going to a homeland security, research, development, and
manufacturing pilot program at the Long Island Forum for
Technology, NY. It would reduce the overall cost of the bill by
a commensurate amount.
4. Jeff Flake (AZ) Would strike an earmark for the City of
Kannapolis, NC, from FEMA's National Predisaster Mitigation
Fund.
5. Jeff Flake (AZ) Would strike an earmark for the Harris
County Flood Control District, Texas, from FEMA's National
Predisaster Mitigation Fund.
6. Jeff Flake (AZ) Would strike an earmark for the City of
Los Angeles, CA, from FEMA's National Predisaster Mitigation
Fund.
7. Jeff Flake (AZ) Would strike an earmark for the City of
Emeryville, CA, from FEMA's National Predisaster Mitigation
Fund.
8. Jeff Flake (AZ) Would strike an earmark for the Town of
Shelter Island, NY, from FEMA's National Predisaster Mitigation
fund.
9. Jeff Flake (AZ) Would strike an earmark for the Orange
County Fire Authority, CA, from FEMA's National Predisaster
Mitigation fund.
10. Jeff Flake (AZ) Would strike all the earmarks for
emergency operations centers from FEMA's State and Local
Programs account.
11. Jeff Flake (AZ) Would prohibit funds in the act from
going to SEARCH, Sacramento, CA, for interoperable
communications, technical assistance and outreach programs and
the overall cost of the bill would be lowered by a commensurate
amount.
SUMMARY OF AMENDMENTS IN PART D
1. Campbell (CA) Would strike the $1 million earmark for
SEARCH of Sacramento, CA, for interoperable communications,
technical assistance and outreach programs.
2. Campbell (CA) Would prohibit funds in the bill from
being available for awards to Global Solar, Arizona, for the
portable solar charging rechargeable battery systems, and the
amount otherwise provided under such heading would be reduced
by $800,000.
3. Campbell (CA) Would strike the $3.5 million earmark for
the Cyber Security Test Bed and Evaluation Center.
TEXT OF AMENDMENT IN PART A
1. An Amendment To Be Offered by Representative Price of North
Carolina, or His Designee
Page 2, line 9, after the dollar amount insert ``(reduced
by $17,000,000)''.
Page 2, line 18, after the dollar amount, insert ``(reduced
by $5,900,000)''
Page 5, line 20, after the dollar amount, insert
``(increased by $4,900,000)''.
Page 39, line 21, after the dollar amount, insert
``(increased by $7,000,000)''.
Page 40, line 10, after the dollar amount insert
``(increased by $3,000,000)''.
Page 40, line 14, after the dollar amount insert
``(increased by $3,000,000)''
Page 40, line 20, after the dollar amount, insert
``(increased by $4,000,000)''.
Page 44, line 25, after the dollar amount insert
``(increased by $10,000,000)''
Page 45, line 1, after the dollar amount insert
``(increased by $10,000,000)''.
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available under this Act
may be used to close or transfer the operations of the Florida
Long Term Recovery Office of the Federal Emergency Management
Administration located in Orlando, Florida.
Sec. __. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301.10-124 of title 41, Code of Federal Regulations.
Sec. __. No funds appropriated by this Act may be used to
impose any negative personnel action against any Department of
Homeland Security employee who engages with the public in the
course of the employee's duties, for the use of surgical masks,
N95 respirators, gloves, or hand sanitizer.
TEXT OF AMENDMENTS IN PART B
1. An Amendment To Be Offered by Representative Bilirakis of Florida,
or His Designee
Page 2, line 9, after the dollar amount, insert ``(reduced
by $1,700,000)''.
Page 15, line 20, after the dollar amount, insert
``(increased by $1,700,000)''.
Page 17, line 16, after the dollar amount, insert
``(increased by $1,700,000)''.
----------
2. An Amendment To Be Offered by Representative Duncan of Tennessee, or
His Designee
Page 24, line 9, strike the dollar amount and insert
``$819,481,000''.
----------
3. An Amendment To Be Offered by Representative King of Iowa, or His
Designee
Page 5, line 20, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
----------
4. An Amendment To Be Offered by Representative King of Iowa, or His
Designee
At the end of the bill, before the short title, insert the
following:
Sec. ___. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
----------
5. An Amendment To Be Offered by Representative Lewis of California, or
His Designee
Page 2, line 9, after the dollar amount, insert ``(reduced by
$6,000,000)''.
Page 2, line 18, after the dollar amount, insert ``(reduced
by $14,000,000)''.
Page 3, line 7, after the dollar amount, insert ``(reduced by
$3,000,000)''.
Page 3, lines 14 and 16, after each dollar amount, insert
``(reduced by $18,000,000)''.
Page 5, line 20, after the first dollar amount, insert
``(increased by $34,000,000)''.
----------
6. An Amendment To Be Offered by Representative Neugebauer of Texas, or
His Designee
At the end of the bill (before the short title) add the
following new section:
Sec. __. The amounts otherwise provided in this Act for the
following accounts are hereby reduced by the following amounts:
(1) ``Office of the Under Secretary for Management'',
$200,000,000.
(2) ``Office of Inspector General'', $5,000,000.
(3) ``U.S. Customs and Border Protection_Salaries and
Expenses'', $160,000,000.
(4) ``U.S. Customs and Border Protection_Border
Security Fencing, Infrastructure, and Technology'',
$100,000,000.
(5) ``U.S. Customs and Border Protection_Facilities
Management'', $420,000,000.
(6) ``U.S. Immigration and Customs
Enforcement_Automation Modernization'', $20,000,000.
(7) ``Transportation Security Administration_Aviation
Security'', $1,000,000,000.
(8) ``Coast Guard_Acquisition, Construction, and
Improvements'', $98,000,000.
(9) ``Federal Emergency Management Agency_State and
Local Programs'', $300,000,000.
(10) ``Federal Emergency Management
Agency_Firefighter Assistance Grants'', $210,000,000.
(11) and ``Federal Emergency Management
Agency_Emergency Food and Shelter'', $100,000,000.
----------
7. An Amendment To Be Offered by Representative Poe of Texas, or His
Designee
Page 38, line 19, after the dollar amount, insert ``(reduced
by $32,000,000)''.
Page 52, line 2, after the dollar amount, insert ``(increased
by $32,000,000)''.
----------
8. An Amendment To Be Offered by Representative King of New York, or
His Designee
Page 2, line 9, after the dollar amount insert ``(reduced by
$5,000,000)''.
Page 2, line 18, after the dollar amount insert ``(reduced by
$45,000,000)''.
Page 58, line 15, after the dollar amount insert ``(increased
by $50,000,000)''.
TEXT OF AMENDMENTS IN PART C
1. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``United States Customs and Border Protection--Salaries
and Expenses'' shall be available for award to Global Solar,
Arizona, for the portable solar charging rechargeable battery
systems, and the amount otherwise provided under such heading
is hereby reduced by $800,000.
----------
2. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Science and Technology--Research, Development,
Acquisition, and Operations'' shall be available for the
National Institute for Hometown Security, Kentucky, and the
amount otherwise provided under such heading is hereby reduced
by $10,000,000.
----------
3. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Science and Technology--Research, Development,
Acquisition, and Operations'' shall be available for a homeland
security, research, develoment, and manufacturing pilot project
at the Long Island Forum for Technology, New York, and the
amount otherwise provided under such heading is hereby reduced
by $1,000,000.
----------
4. An Amendment To Be Offered by Representative Flake of Arizona or His
Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' shall be available for a grant to
the City of Kannapolis, North Carolina.
----------
5. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' shall be available for a grant to
the Harris County Flood Control District, Texas.
----------
6. An Amendment To Be Offered by Representative Flake of Arizona or His
Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' shall be available for a grant to
the City of Los Angeles, California.
----------
7. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' shall be available for a grant to
the City of Emeryville, California.
----------
8. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' shall be available for a grant to
the Town of Shelter Island, New York.
----------
9. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' shall be available for a grant to
the Orange County Fire Authority, California.
----------
10. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
In paragraph (11) under the heading ``Federal Emergency
Management Agency--State and Local Programs'', strike ``, as
detailed in the statement accompanying this Act''.
----------
11. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``National Protection and Programs Directorate--
Infrastructure Protection and Information Security'' shall be
available to SEARCH of Sacramento, California, for
interoperable communications, technical assistance and outreach
programs, and the amount otherwise provided under such heading
is hereby reduced by $1,000,000.
TEXT OF AMENDMENTS IN PART D
1. An Amendment To Be Offered by Representative Campbell of California,
or His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``National Protection and Programs Directorate--
Infrastructure Protection and Information Security'' shall be
available to SEARCH of Sacramento, California, for
interoperable communications, technical assistance and outreach
programs, and the amount otherwise provided under such heading
is hereby reduced by $1,000,000.
----------
2. An Amendment To Be Offered by Representative Campbell of California,
or His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``United States Customs and Border Protection--Salaries
and Expenses'' shall be available for award to Global Solar,
Arizona, for the portable solar charging rechargeable battery
systems, and the amount otherwise provided under such heading
is hereby reduced by $800,000.
----------
3. An Amendment To Be Offered by Representative Campbell of California,
or His Designee
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act under the
heading ``National Protection and Programs Directorate--
Infrastructure Protection and Information Security'' shall be
available to RTI International, North Carolina, for the Cyber
Security Test Bed and Evaluation Center, and the amount
otherwise provided under such heading is hereby reduced by
$3,500,000.