[House Report 108-545]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-545
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PROVIDING FOR CONSIDERATION OF H.R. 4567, DEPARTMENT OF HOMELAND
SECURITY APPROPRIATIONS ACT, 2005
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June 15, 2004.--Referred to the House Calendar and ordered to be
printed
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Mr. Lincoln Diaz-Balart, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 675]
The Committee on Rules, having had under consideration
House Resolution 675 by a record vote of 7 to 4, 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. 4567, the
Department of Homeland Security Appropriations Act for fiscal
year 2005, under an open rule. The rule provides one hour of
general debate equally divided and controlled by the chairman
and ranking minority member of the Committee on Appropriations.
The rule waives all points of order against consideration of
the bill.
Under the rules of the House the bill shall be read for
amendment by paragraph. The rule waives points of order against
provisions in the bill for failure to comply with clause 2 of
rule XXI (prohibiting unauthorized appropriations or
legislative provisions in an appropriations bill), except as
specified in the resolution. The rule authorizes the Chair to
accord priority in recognition to Members who have pre-printed
their amendments in the Congressional Record.
Finallly, the rule provides one motion to recommit with or
without instructions.
The waiver of all points of order against consideration of
the bill includes a waiver of clause 4(c) of rule XIII
(requiring the three-day availability of printed hearings on a
general appropriation bill). The wavier of clause 2 of rule XXI
(prohibiting unauthorized appropriations or legislative
provisions in an appropriations bill) is needed because there
are numerous legislative provisions included in the bill.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII 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. 273
Date: June 15, 2004.
Measure: H.R. 4567--Department of Homeland Security
Appropriations Act, 2005.
Motion by: Mr. Frost.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Obey which provides an additional $3 billion for homeland
security programs, contingent upon the President's request.
This funding could be used to do the following: (1) put more
air marshals on flights; (2) put more radiation and
surveillance monitors at our borders and ports; (3) increase
surveillance on our transit systems and make other transit
security improvements; (4) increase surveillance by local
police of critical infrastructure facilities; (5) improve the
ability of our police and firefighters to communicate with each
other; (6) inspect additional containers coming into the U.S.;
(7) increase air patrols of our borders; (8) increase border
inspectors and agents; (9) improve the aviation explosive
screening system; (10) increase our stockpile of antibiotics.
Results: Defeated 4 to 6.
Vote by Members: Linder--Nay; Hastings (WA)--Nay; Myrick--
Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 274
Date: June 15, 2004.
Measure: H.R. 4567--Department of Homeland Security
Appropriations Act, 2005.
Motion by: Mr. Frost.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Turner which dedicates $25 million in existing appropriations
for joint research and development between DHS and U.S. private
companies and Israeli counterparts, subject to matching Israeli
funds. These joint programs would allow DHS to leverage
significant and long-standing expertise in homeland security
science and technology and share the costs of research and
development.
Results: Defeated 4 to 6.
Vote by Members: Linder--Nay; Hastings (WA)--Nay; Myrick--
Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 275
Date: June 15, 2004.
Measure: H.R. 4567--Department of Homeland Security
Appropriations Act, 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To waive all points of order against
Section 526(b) of H.R. 4567.
Results: Defeated 4 to 6.
Vote by Members: Linder--Nay; Hastings (WA)--Nay; Myrick--
Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 276
Date: June 15, 2004.
Measure: H.R. 4567--Department of Homeland Security
Appropriations Act, 2005.
Motion by: Mr. McGovern.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Manzullo which makes the provisions of the ``Berry Amendment''
applicable to the Department of Homeland Security. Currently,
the ``Berry Amendment'' applies only to the Department of
Defense's procurement and requires, with exception, that
certain listed articles and items purchased by the Defense
Department be grown, reprocessed, reused, or produced in the
United States.
Results: Defeated 5 to 6.
Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings
(WA)--Nay; Myrick--Yea; Sessions--Nay; Reynolds--Nay; Frost--
Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 277
Date: June 15, 2004.
Measure: H.R. 4567--Department of Homeland Security
Appropriations Act, 2005.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Sabo which mandates that the Department of Homeland Security
require vulnerability assessments and security plans from
chemical plants deemed by the Department to be of the highest
risk.
Results: Defeated 4 to 7.
Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--
Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 278
Date: June 15, 2004.
Measure: H.R. 4567--Department of Homeland Security
Appropriations Act, 2005.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Turner which designates $204,000,000 in funding for radiation
portal monitors as an emergency requirement. Protecting America
from the danger of weapons of mass destruction or dangerous
material entering the U.S. should be a priority. Our security
could be greatly enhanced if all of our border crossings,
seaports, air cargo and rail facilities had radiation portal
monitors installed. Customs and Border Protection has a plan to
install portal monitors at these locations resulting in 100% of
incoming cargo to be screened for nuclear or radiological
materials by December 2005. An additional 204,000,000 would
complete this plan before the December 2005 deadline.
Results: Defeated 4 to 7.
Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--
Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 279
Date: June 15, 2004.
Measure: H.R. 4567--Department of Homeland Security
Appropriations Act, 2005.
Motion by: Mr. Linder.
Summary of motion: To report the resolution.
Results: Agreed to 7 to 4.
Vote by Members: Linder--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Myrick--Yea; Sessions--Yea; Reynolds--Yea; Frost--
Nay; Slaughter--Nay; McGovern--Nay; Hastings (FL)--Nay;
Dreier--Yea.