H. Res. 573: H.R. 2892 - Department of Homeland Security Appropriations Act, 2010

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday,  June 23, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 239 - 184 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 238-174 on Wednesday, June 24, 2009.

MANAGERS: Perlmutter/Dreier

111th Congress 
1st Session

H.RES 573

[Report No. 111-183]

 

H.R. 2892, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes.

  1. Structured rule.
  1. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.
  1. Waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI.
  1. Waives all points of order against provisions in the bill for failure to comply with clause 2 or 5 of rule XXI.
  1. Makes in order the following amendments: (1) the amendment printed in part A of the report of the Committee on Rules accompanying this resolution; (2) the amendments printed in part B of the report of the Committee on Rules; (3) not to exceed four of the amendments printed in part C of the report of the Committee on Rules if offered by Representative Flake of Arizona or his designee; and (4) not to exceed one of the amendments printed in part D of the report of the Committee on Rules if offered by Representative Campbell of California or his designee.
  1. 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.
  1. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. 
  1. Provides that the amendments printed in part B, C, or D of the report of the Committee on Rules may be offered only at the appropriate point in the reading. 
  1. 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.  
  1. Provides one motion to recommit with or without instructions.
  1. 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. 
  1. 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.
  1. Provides 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). 
  1. 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.

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 RESOLUTION

            Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 or 5 of rule XXI are waived. Notwithstanding clause 11 of rule XVIII, except as provided in section 2, no amendment shall be in order except: (1) the amendment printed in part A of the report of the Committee on Rules accompanying this resolution; (2) the amendments printed in part B of the report of the Committee on Rules; (3) not to exceed four of the amendments printed in part C of the report of the Committee on Rules if offered by Representative Flake of Arizona or his designee; and (4) not to exceed one of the amendments printed in part D of the report of the Committee on Rules if offered by Representative Campbell of California or his designee. 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 and except that an amendment printed in part B, C, or D of the report of the Committee on Rules may be offered only at the appropriate point in the reading. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. In case of sundry amendments reported from the Committee, the question of their adoption shall be put to the House en gros and without intervening demand for division of the question. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

             Sec. 2. 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.

             Sec. 3. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Appropriations or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

             Sec. 4. 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.

SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

Description

 

1. Price, David (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 PROPOSED TO BE MADE IN ORDER

Sponsor

Description

 

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. King, Steve (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. King, Steve (IA)

Would prohibit any funds in the Act from being used to employ illegal workers as defined in the Immigration and Nationality Act.

 

 

5. Lewis, Jerry (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

Sponsor

Description

 

1. Flake, Jeff (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. Flake, Jeff (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. Flake, Jeff (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. Flake, Jeff (AZ)

Would strike an earmark for the City of Kannapolis, NC, from FEMA's National Predisaster Mitigation Fund.

 

 

5. Flake, Jeff (AZ)

Would strike an earmark for the Harris County Flood Control District, Texas, from FEMA’s National Predisaster Mitigation Fund.

 

 

6. Flake, Jeff (AZ)

Would strike an earmark for the City of Los Angeles, CA, from FEMA's National Predisaster Mitigation Fund.

 

 

7. Flake, Jeff (AZ)

Would strike an earmark for the City of Emeryville, CA, from FEMA’s National Predisaster Mitigation Fund.

 

 

8. Flake, Jeff (AZ)

Would strike an earmark for the Town of Shelter Island, NY, from FEMA’s National Predisaster Mitigation fund.

 

 

9. Flake, Jeff (AZ)

Would strike an earmark for the Orange County Fire Authority, CA, from FEMA's National Predisaster Mitigation fund.

 

 

10. Flake, Jeff (AZ)

Would strike all the earmarks for emergency operations centers from FEMA's State and Local Programs account.

 

 

11. Flake, Jeff (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

Sponsor

Description

 

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.