[Congressional Record Volume 155, Number 72 (Tuesday, May 12, 2009)]
[House]
[Pages H5486-H5487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2346

                   Offered By: Mr. Rogers of Kentucky

       Amendment No. 1: In chapter 10 of title II, in the item 
     relating to ``Global Health and Child Survival'', after the 
     first and third dollar amounts, insert ``(reduced by 
     $50,000,000)''.
       In chapter 10 of title II, in the item relating to 
     ``Economic Support Fund'', after the first and last dollar 
     amounts, insert ``(reduced by $126,500,000)''.
       In chapter 10 of title II, in the item relating to 
     ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs'', after the first and second dollar amounts, insert 
     ``(reduced by $23,500,000)''.
       After title II, insert the following new title (and 
     redesignate the subsequent title and sections accordingly):

         TITLE III--COMBATING DRUG CARTELS AND BORDER VIOLENCE

                    CHAPTER 1--DEPARTMENT OF JUSTICE

                         General Administration

                           detention trustee

       For an additional amount for ``Detention Trustee'', 
     $15,000,000.

                     United States Marshals Service

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $5,000,000, to remain available until September 30, 2010.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

       For an additional amount for ``Interagency Crime and Drug 
     Enforcement'', $75,000,000, to remain available until 
     September 30, 2010.

                        CHAPTER 2--THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $5,000,000, to remain available until September 30, 2010.

               CHAPTER 3--DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $12,200,000, of which $4,000,000 shall remain available until 
     September 30, 2010.

                              construction

       For an additional amount for ``Construction'' for 
     infrastructure costs related to outbound inspections at ports 
     of entry,

[[Page H5487]]

     $15,000,000, to remain available until expended.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

        For an additional amount for ``Salaries and Expenses'', 
     $52,800,000, of which $16,320,000 shall remain available 
     until September 30, 2010.

                              Coast Guard

                           operating expenses

       For an additional amount for ``Operating Expenses'' for 
     immediate cutter maintenance needs, $10,000,000, to remain 
     available until September 30, 2010.

                  Federal Emergency Management Agency

                        state and local programs

       For an additional amount for ``State and Local Programs'' 
     for Operation Stonegarden, $10,000,000.

                               H.R. 2346

                          Offered By: Mr. Wolf

       Amendment No. 2: At the end of the bill (before the short 
     title), insert the following:

  restrictions and requirements regarding the transfer or release of 
            guantanamo bay detainees into the united states

       Sec. __.  (a) None of the funds made available in this or 
     any other Act may be used to transfer or release prior to 
     October 1, 2009, an individual who is detained, as of April 
     30, 2009, at Naval Station, Guantanamo Bay, Cuba, into the 
     continental United States, Alaska, Hawaii, or the District of 
     Columbia, for the purposes of detaining, releasing, or 
     prosecuting such individual.
       (b) Not later than August 22, 2009, the President shall 
     submit to the Congress, in writing, a comprehensive plan 
     regarding the proposed disposition of each individual who is 
     detained, as of April 30, 2009, at Naval Station, Guantanamo 
     Bay, Cuba, who is not covered under subsection (c). Such plan 
     shall include, at a minimum, each of the following for each 
     such individual:
       (1) The findings of an analysis carried out by the 
     President describing any risk to the national security of the 
     United States or the residents of the United States that is 
     posed by the transfer or release of the individual.
       (2) A certification by the President that any risk 
     described in paragraph (1) has been mitigated, together with 
     a full description of the President's plan for such 
     mitigation.
       (3) A certification by the President that the President has 
     submitted to the Governor and legislature of the State to 
     which the President intends to transfer or release the 
     individual and certification in writing (together with 
     supporting documentation and justification) that the 
     individual does not pose a security risk to the United 
     States, and that the Governor and State legislature of that 
     State consent to the transfer or release of the individual.
       (4) A certification by the President that the transfer of 
     the individual into the continental United States, Alaska, 
     Hawaii, or the District of Columbia will not have an adverse 
     affect on the United States Government's ability to further 
     detain or prosecute such individual, in accordance with the 
     laws of the United States, for any offenses the individual 
     may have committed.
       (c) None of the funds made available in this or any other 
     Act may be used to transfer or release an individual detained 
     at Guantanamo Bay, Cuba, as of April 30, 2009, to the country 
     of such individual's nationality or last habitual residence 
     or to any other country other than the United States, unless 
     the President submits to the Congress, in writing, at least 
     30 days prior to such transfer or release, the following 
     information:
       (1) The name of any individual to be transferred or 
     released and the country to which such individual is to be 
     transferred or released.
       (2) An assessment of any risk to the national security of 
     the United States or its citizens, including members of the 
     Armed Forces of the United States, that is posed by such 
     transfer or release and the actions taken to mitigate such 
     risk.
       (3) The terms of any agreement with another country for 
     acceptance of such individual, including the amount of any 
     financial assistance related to such agreement.
       (d) Not later than August 22, 2009, the President shall 
     submit to the Congress, in writing, a detailed analysis of 
     the total estimated direct costs of closing the detention 
     facility at Naval Station, Guantanamo Bay, Cuba, and any 
     related costs, including the estimated costs of detention, 
     prosecution, security, and incarceration in the United States 
     of the individuals detained at such facility as of April 30, 
     2009, and the estimated costs of transferring or releasing 
     such individuals to other countries.
       (e) The plan required by subsection (b) and the information 
     required by subsections (c) and (d) shall be submitted in 
     unclassified form, but shall include a classified annex if 
     necessary.

                               H.R. 2346

                  Offered By: Mr. Lewis of California

       Amendment No. 3: In title I, in the item relating to 
     ``Pakistan Counterinsurgency Fund''--
       (1) in the account heading, insert ``Capability'' after 
     ``Counterinsurgency'';
       (2) in the matter preceding the first proviso, insert 
     ``Capability'' after ``Counterinsurgency'';
       (3) in the first proviso, after ``law'', insert the 
     following: ``for the purpose of allowing the Commander, 
     United States Central Command, or the designee of the 
     Secretary of Defense'';
       (4) in the first proviso, after ``capability of 
     Pakistan's'', insert ``military, Frontier Corps,'';
       (5) in the third proviso, strike ``other non-intelligence 
     related''; and
       (6) strike the last two provisos.

       In chapter 10 of title II, strike the item relating to 
     ``Pakistan Counterinsurgency Capability Fund''.

                               H.R. 2346

                         Offered By: Mr. Tiahrt

       Amendment No. 4: At the end of the bill (before the short 
     title), insert the following:

  prohibition on use of funds for transfer or release of individuals 
 detained at naval station, guantanamo bay, cuba, to the united states

       Sec. __. Hereafter, none of the funds made available in 
     this or any other Act for the current fiscal year or any 
     fiscal year thereafter may be used to transfer or release an 
     individual who is detained, as of the date of the enactment 
     of this Act, at Naval Station, Guantanamo Bay, Cuba, to the 
     United States.

                               H.R. 2346

                     Offered By: Mr. Frelinghuysen

       Amendment No. 5: In title I, strike section 10012 (relating 
     to rescissions of Department of Defense funds).