H.R. 1817 - Department of Homeland Security Authorization Act of Fiscal Year 2006

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, May 17, 2005.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 284 - 124, AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 226 -199 on Wednesday, May 18 2005 .
MANAGERS: SESSIONS/MCGOVERN
109th Congress
1st Session

 

H. RES. 278
[Report No. 109-83]

H.R. 1817 - Department of Homeland Security Authorization Act of Fiscal Year 2006

1. Structured rule.

2. Provides one hour general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Homeland Security.

3. Waives all points of order against consideration of the bill.

4. Provides that in lieu of the amendments recommended by the Committees on Homeland Security, Energy and Commerce, and the Judiciary now printed in the bill, the amendment in the nature of a substitute printed in part A of the Rules Committee report shall be considered as the original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute printed in part A of the Rules Committee report.

6. Makes in order only those amendments printed in part B of the Rules Committee report, which may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to amendment or demand for division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in part B of the Rules Committee report.

8. Provides one motion to recommit with or without instructions.

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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. 1817) to authorize appropriations for fiscal year 2006 for the Department of Homeland Security, 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. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Homeland Security. After general debate the bill shall be considered for amendment under the five minute rule. In lieu of the amendments recommended by the Committees on Homeland Security, Energy and Commerce, and the Judiciary now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, 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. 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. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. 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.

Part A - SUMMARY OF AMENDMENT CONSIDERED AS THE ORIGINAL BILL FOR THE PURPOSE OF AMENDMENT


Provides for nearly $7 billion in authorized appropriations for U.S. Customs and Border Protection, and makes other changes reflecting the provision of 500 additional Border Patrol agents through the recent Emergency War Supplemental. Deletes Section 108 as reported (relating to immigration enforcement training for state and local law enforcement). Adds a new Section 108, authorizing appropriations for 300 additional Immigration and Customs Enforcement attorneys to handle removal and related proceedings, and 300 additional immigration benefit adjudicators. Deletes Section 201 as reported (relating to DHS Terrorism Prevention Plan and Budget Analysis). Modifies Section 216 to require DHS coordination of homeland security threat analyses disseminated to State and local governments and the private sector by other Federal agencies. Modifies Section 222 to eliminate the establishment of a Homeland Security Information Requirements Board, and to, instead, require that the Joint Intelligence Community Council advise the Director of National Intelligence with respect to homeland security intelligence requirements. Modifies Section 312, creating an Assistant Secretary for Cybersecurity within the Department, to eliminate the specificity of certain statutory responsibilities. Deletes Section 313, which provided a definition of cybersecurity. Adds a new Section 314, requiring support for cybersecurity R&D. Modifies Sections 321 and 322, dealing with public transportation security, with respect to the respective roles and responsibilities of the Secretaries of Homeland Security and Transportation. Modifies Section 334, dealing with the protection of information, to specify the categories of protected information. Adds a new Title IV, entitled U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE), containing four sections previously passed by the House as part of last year's CBP and ICE re authorization bill. Makes additional clarifications, and technical and conforming changes, to various sections of the bill.

TEXT OF THE AMENDMENT(.pdf)

1.Text of Part A

Part B - SUMMARY OF AMENDMENTS MADE IN ORDER

1. Meek #67
Increases funding for the Department of Homeland Security's Office of Inspector General to $200 million. (10 minutes)

2. Cox/Sensenbrenner #44
Authorizes $40,000,000 to be appropriated for FY 2006 to reimburse States and localities for the costs associated with having State and local law enforcement trained and certified by DHS = Immigration and Customs Enforcement (ICE) to enforce Federal immigration laws. (20 minutes)

3. Kennedy (RI) #46
Intended to ensure that in replacing the color-coded terror alert system as required by the bill, that DHS draws on expertise in how to best communicate risk to the public, including expertise from a relevant Center for Excellence funded by the Department. (10 minutes)

4. Barton/Dingell #65
Requires the Department of Homeland Security to coordinate its activities regarding protection of critical infrastructure with "other relevant Federal agencies". (10 minutes)

5. Johnson (TX), E.B. #74
Authorizes not more that $5,000,000 in grants for the National Medical Preparedness Consortium to standardize training, national health care policies, and standards of care for emergency medical professionals to prepare for mass casualties resulting from a terrorist event involving WMD. (10 minutes)

6. Ehlers #11
Changes the " 30 minute rule" that requires passengers on commercial flights into and out of Washington Reagan National Airport (DCA) to remain seated for 30 minutes by reducing that time to 15 minutes. Permits the Secretary of DHS to decrease the time even more. Also prohibits the pilot from diverting a flight from DCA for a violation of the seating rule unless he or she determines the actions to be a threat to the security of passengers or the aircraft. (10 minutes)

7. DeFazio/Mica #19
Makes improvements to the Federal Flight Deck Officers (FFDO) Program including increasing access to initial and recurrent training for FFDO's by establishing qualification standards, exploring the possibility of alternate sites for training, and ensuring that the training be provided at no cost to the pilot. Also requires the Secretary to establish a secure means for TSA personnel to communicate with FFDO's in support of their mission, issue badges to FFDO's within 180 days, set up a process by which pilots can appeal a TSA decision to revoke a FFDO's status, establish a pilot program to allow FFDO's to carry their weapon, and encourage the President to pursue international agreements that will allow the use of FFDO's on international flights. (10 minutes)

8. Cardin #41
Adds the Information Assurance Directorate of the National Security Agency (NSA) to the list of Federal agencies that the DHS Under Secretary for Science and Technology shall coordinate with on cybersecurity research and development activities. (10 minutes)

9. Slaughter #54
Improves pre-clearance border crossing programs, including NEXUS, FAST, and SENTRI. Authorizes the creation of four U.S. enrollment centers and customer service number, merges the requirements of the NEXUS air and land cards. (10 minutes)

10. Souder #3
Makes the Customs and Border Protection's Office of Air and Marine Operations the lead DHS agency to conduct airspace security around the Nation's Capitol and for special events of national significance. Also calls for a report within 90 days from DHS that identifies the facility, asset, and personnel requirements to fulfill the airspace security mission. (10 minutes)

11. Wamp #14
Permits Department of Energy laboratories to team up with a university or consortium of universities when competing for Department of Homeland Security's Centers for Excellence. (10 minutes)

12. Menendez #58
Requires the Secretary of DHS to report to Congress on how to coordinate and protect the various infrastructure in the area between Port Elizabeth and Newark International Airport, New Jersey. (10 minutes)

13. Hooley #20
Prohibits any of the money in the DHS authorization bill to come from an increase in airline ticket taxes. (10 minutes)

14. Cardin #39
Requires DHS to conduct a study of the feasibility and desirability of expanding the " National Capitol Region" (NCR) area beyond its existing boundaries, which were set in 1952. DHS would study whether an expanded NCR would promote coordination between State, regional, and local government and the ability of the Federal, State, and local governments to prevent and respond to a terrorist attack within the NCR. (10 minutes)

15. Slaughter #55
Requires the Secretary of DHS to report to Congress within 6 months of the enactment of the bill on its efforts to (1) reduce the imitation of badges, identification, uniforms, or other insignia used by any officer of DHS; (2) improve the design of the various forms of DHS identification to prevent illegal replication; (3) increase public awareness of imitation forms of Homeland Security identification; (4) teach the public to identify authentic Homeland Security identification; (5) assess the effectiveness of their efforts; and (6) recommend any legislation or administrative actions necessary to achieve their objectives. (10 minutes)

16. Kennedy (MN) #61
Requires the Secretary to carry out an Advanced Technology Northern Border Security Pilot Program authorized in the National Intelligence Reform Act of 2004. Also requires the Secretary to carry out a study on border surveillance of the northern border of the United States by remotely piloted vehicles. (10 minutes)

17. Jackson-Lee/Conyers #82
Instructs GAO to conduct a study examining the impact of an increase in Temporary Protected Status (TPS) application fees on the nationals of countries for which TPS is available and the differential in cost between the current statutory fee and the cost-based fee proposed by Customs and Immigration Services. Instructs GAO to conduct a study on the premium processing fee system and its possible application to individuals and their families. (10 minutes)

18. Norwood #59
Clarifies the existing authority of State and local enforcement personnel to apprehend, detain, remove, and transport illegal aliens in the routine course of duty. Also requires DHS to establish a training manual on this matter and set forth simple guidelines for making that training available. (20 minutes)

19. Baca #89
Requires the Secretary of DHS to fulfill the agency = s reporting obligations under Section 461 of the Homeland Security Act of 2002. Section 461 requires the agency to report to Congress in 1 year, in consultation with a Technology Advisory Committee, on the feasibility of establishing an on-line filing and processing system for immigration applications. (10 minutes)

20. Jackson-Lee #75
Calls for the Secretary of Homeland Security to submit a report to Congress on: the number and types of border violence activities that have occurred; the types of activities involved; a description of the categories of victims that exists; and a description of the steps that DHS is taking and any plan that the Department had formulated to prevent these activities. (10 minutes)

21. Manzullo #21
Strengthens the "Buy American Act" and restores the original intent that more than 50% of the components in end products purchased by DHS shall be mined, produced, or manufactured inside the United States. (10 minutes)

22. Putnam #90
Allows FEMA reimbursements for funeral expenses only if the death was determined by a medical examiner to be caused by a natural disaster. (10 minutes)

23. Souder #16
Extends the current authorization of appropriations for the Office of Counternarcotics Enforcement at DHS to fiscal year 2006. (10 minutes)

24. Thompson (MS) #50
Amendment in the nature of a substitute. Authorizes $6.9 billion over H.R. 1817 in homeland security funding. Also includes a number of policy proposals to close security gaps and to restructure DHS. (40 minutes)

(Summaries derived from information provided by the amendment sponsor.)

 

TEXT OF THE AMENDMENTS(.pdf)

 

1. Meek #67

2. Cox/Sensenbrenner #44

3. Kennedy (RI) #46

4. Barton/Dingell #65

5. Johnson (TX), E.B. #74

6. Ehlers #11

7. DeFazio/Mica #19

8. Cardin #41

9. Slaughter #54

10. Souder #3

11. Wamp #14

12. Menendez #58

13. Hooley #20

14. Cardin #39

15. Slaughter #55

16. Kennedy (MN) #61

17. Jackson-Lee/Conyers #82

18. Norwood #59

19. Baca #89

20. Jackson-Lee #75

21. Manzullo #21

22. Putnam #90

23. Souder #16

24. Thompson (MS) #50