[Congressional Record Volume 161, Number 7 (Wednesday, January 14, 2015)]
[House]
[Pages H363-H394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT OF 2015
General Leave
Mr. CARTER of Texas. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks, including extraneous material, on further consideration of
H.R. 240, and that I may include tabular material on the same.
The SPEAKER pro tempore (Mr. Thompson of Pennsylvania.) Is there
objection to the request of the gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 27 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 240.
Will the gentleman from Illinois (Mr. Davis) kindly take the chair.
{time} 0917
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 240) making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2015, and
for other purposes, with Mr. Rodney Davis of Illinois (Acting Chair) in
the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Tuesday,
January 13, 2015, all time for general debate had expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule. The bill shall be considered as read.
The text of the bill is as follows:
H.R. 240
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30,
2015, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $132,573,000: Provided, That not to
exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official
costs associated with the use of government aircraft by
Department of Homeland Security personnel to support official
travel of the Secretary and the Deputy Secretary shall be
paid from amounts made available for the Immediate Office of
the Secretary and the Immediate Office of the Deputy
Secretary: Provided further, That not later than 30 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the House
of Representatives and the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Homeland Security and Governmental Affairs of the Senate,
a comprehensive plan for implementation of the biometric
entry and exit data system required under section 7208 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b), including the estimated costs for
implementation.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$187,503,000, of which not to exceed $2,250 shall be for
official reception and representation expenses: Provided,
That of the total amount made available under this heading,
$4,493,000 shall remain available until September 30, 2016,
solely for the alteration and improvement of facilities,
tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue
Complex; and $6,000,000 shall remain available until
September 30, 2016, for the Human Resources Information
Technology program: Provided further, That the Under
Secretary for Management shall include in the President's
budget proposal for fiscal year 2016, submitted pursuant to
section 1105(a) of title 31, United States Code, a
Comprehensive Acquisition Status Report, which shall include
the information required under the heading ``Office of the
Under Secretary for Management'' under title I of division D
of the Consolidated Appropriations Act, 2012 (Public Law 112-
74), and shall submit quarterly updates to such report not
later than 45 days after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $52,020,000: Provided,
That the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time the President's budget proposal
for fiscal year 2016 is submitted pursuant to section 1105(a)
of title 31, United States Code, the Future Years Homeland
Security Program, as authorized by section 874 of Public Law
107-296 (6 U.S.C. 454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $288,122,000; of which
$99,028,000 shall be available for salaries and expenses; and
of which $189,094,000, to remain available until September
30, 2016, shall be available for development and acquisition
of information technology equipment, software, services, and
related activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$255,804,000; of which not to exceed $3,825 shall be for
official reception and representation expenses; and of which
$102,479,000 shall remain available until September 30, 2016.
[[Page H364]]
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $118,617,000; of which not to exceed
$300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,459,657,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$30,000,000 shall be available until September 30, 2016,
solely for the purpose of hiring, training, and equipping
U.S. Customs and Border Protection officers at ports of
entry; of which not to exceed $34,425 shall be for official
reception and representation expenses; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided, That for
fiscal year 2015, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act
shall be available to compensate any employee of U.S. Customs
and Border Protection for overtime, from whatever source, in
an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That the Border
Patrol shall maintain an active duty presence of not less
than 21,370 full-time equivalent agents protecting the
borders of the United States in the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border
Protection for operation and improvement of automated
systems, including salaries and expenses, $808,169,000; of
which $446,075,000 shall remain available until September 30,
2017; and of which not less than $140,970,000 shall be for
the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure,
and technology, $382,466,000, to remain available until
September 30, 2017.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, the Air and Marine Operations Center, and other
related equipment of the air and marine program, including
salaries and expenses, operational training, and mission-
related travel, the operations of which include the
following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in
the enforcement or administration of laws enforced by the
Department of Homeland Security; and, at the discretion of
the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; $750,469,000;
of which $299,800,000 shall be available for salaries and
expenses; and of which $450,669,000 shall remain available
until September 30, 2017: Provided, That no aircraft or
other related equipment, with the exception of aircraft that
are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2015
without prior notice to the Committees on Appropriations of
the Senate and the House of Representatives: Provided
further, That funding made available under this heading shall
be available for customs expenses when necessary to maintain
or to temporarily increase operations in Puerto Rico:
Provided further, That the Secretary of Homeland Security
shall report to the Committees on Appropriations of the
Senate and the House of Representatives, not later than 90
days after the date of enactment of this Act, on any changes
to the 5-year strategic plan for the air and marine program
required under the heading ``Air and Marine Interdiction,
Operations, and Maintenance'' in Public Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct,
renovate, equip, furnish, operate, manage, and maintain
buildings, facilities, and related infrastructure necessary
for the administration and enforcement of the laws relating
to customs, immigration, and border security, $288,821,000,
to remain available until September 30, 2019.
U. S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations,
including intellectual property rights and overseas vetted
units operations; and purchase and lease of up to 3,790
(2,350 for replacement only) police-type vehicles;
$5,932,756,000; of which not to exceed $10,000,000 shall be
available until expended for conducting special operations
under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $11,475 shall be for
official reception and representation expenses; of which not
to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security; of which not less than
$305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child
exploitation; of which not less than $5,400,000 shall be used
to facilitate agreements consistent with section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)); of
which not to exceed $40,000,000, to remain available until
September 30, 2017, is for maintenance, construction, and
lease hold improvements at owned and leased facilities; and
of which not to exceed $11,216,000 shall be available to fund
or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided,
That none of the funds made available under this heading
shall be available to compensate any employee for overtime in
an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided,
$15,770,000 shall be for activities to enforce laws against
forced child labor, of which not to exceed $6,000,000 shall
remain available until expended: Provided further, That of
the total amount available, not less than $1,600,000,000
shall be available to identify aliens convicted of a crime
who may be deportable, and to remove them from the United
States once they are judged deportable: Provided further,
That the Secretary of Homeland Security shall prioritize the
identification and removal of aliens convicted of a crime by
the severity of that crime: Provided further, That funding
made available under this heading shall maintain a level of
not less than 34,000 detention beds through September 30,
2015: Provided further, That of the total amount provided,
not less than $3,431,444,000 is for detention, enforcement,
and removal operations, including transportation of
unaccompanied minor aliens: Provided further, That of the
amount provided for Custody Operations in the previous
proviso, $45,000,000 shall remain available until September
30, 2019: Provided further, That of the total amount
provided for the Visa Security Program and international
investigations, $43,000,000 shall remain available until
September 30, 2016: Provided further, That not less than
$15,000,000 shall be available for investigation of
intellectual property rights violations, including operation
of the National Intellectual Property Rights Coordination
Center: Provided further, That none of the funds provided
under this heading may be used to continue a delegation of
law enforcement authority authorized under section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated: Provided further,
That none of the funds provided under this heading may be
used to continue any contract for the provision of detention
services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That
nothing under this heading shall prevent U.S. Immigration and
Customs Enforcement from exercising those authorities
provided under immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime: Provided further, That without regard
to the limitation as to time and condition of section 503(d)
of this Act, the Secretary may propose to reprogram and
transfer funds within and into this appropriation necessary
to ensure the detention of aliens prioritized for removal.
automation modernization
For expenses of immigration and customs enforcement
automated systems, $26,000,000, to remain available until
September 30, 2017.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to
[[Page H365]]
providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71;
115 Stat. 597; 49 U.S.C. 40101 note), $5,639,095,000, to
remain available until September 30, 2016; of which not to
exceed $7,650 shall be for official reception and
representation expenses: Provided, That any award to deploy
explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns,
high injury rates, airport readiness, and increased cost
effectiveness: Provided further, That security service fees
authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2015 so as to result in a final
fiscal year appropriation from the general fund estimated at
not more than $3,574,095,000: Provided further, That the
fees deposited under this heading in fiscal year 2013 and
sequestered pursuant to section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a),
that are currently unavailable for obligation, are hereby
permanently cancelled: Provided further, That
notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2015, any funds in the Aviation
Security Capital Fund established by section 44923(h) of
title 49, United States Code, may be used for the procurement
and installation of explosives detection systems or for the
issuance of other transaction agreements for the purpose of
funding projects described in section 44923(a) of such title:
Provided further, That notwithstanding any other provision
of law, mobile explosives detection equipment purchased and
deployed using funds made available under this heading may be
moved and redeployed to meet evolving passenger and baggage
screening security priorities at airports: Provided further,
That none of the funds made available in this Act may be used
for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the
agency to exceed a staffing level of 45,000 full-time
equivalent screeners: Provided further, That the preceding
proviso shall not apply to personnel hired as part-time
employees: Provided further, That not later than 90 days
after the date of enactment of this Act, the Administrator of
the Transportation Security Administration shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective
security of passengers and baggage at the lowest possible
operating and acquisition costs, including projected funding
levels for each fiscal year for the next 5 years or until
project completion, whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener
workforce in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how
those savings are being used to offset security costs or
reinvested to address security vulnerabilities:
Provided further, That not later than April 15, 2015, the
Administrator of the Transportation Security Administration
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a semiannual report
updating information on a strategy to increase the number of
air passengers eligible for expedited screening, including:
(1) specific benchmarks and performance measures to
increase participation in Pre-Check by air carriers,
airports, and passengers;
(2) options to facilitate direct application for enrollment
in Pre-Check through the Transportation Security
Administration's Web site, airports, and other enrollment
locations;
(3) use of third parties to pre-screen passengers for
expedited screening;
(4) inclusion of populations already vetted by the
Transportation Security Administration and other trusted
populations as eligible for expedited screening;
(5) resource implications of expedited passenger screening
resulting from the use of risk-based security methods; and
(6) the total number and percentage of passengers using
Pre-Check lanes who:
(A) have enrolled in Pre-Check since Transportation
Security Administration enrollment centers were established;
(B) enrolled using the Transportation Security
Administration's Pre-Check application Web site;
(C) were enrolled as frequent flyers of a participating
airline;
(D) utilized Pre-Check as a result of their enrollment in a
Trusted Traveler program of U.S. Customs and Border
Protection;
(E) were selectively identified to participate in expedited
screening through the use of Managed Inclusion in fiscal year
2014; and
(F) are enrolled in all other Pre-Check categories:
Provided further, That Members of the United States House
of Representatives and United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security
activities, $123,749,000, to remain available until September
30, 2016.
intelligence and vetting
For necessary expenses for the development and
implementation of intelligence and vetting activities,
$219,166,000, to remain available until September 30, 2016.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support
pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$917,226,000, to remain available until September 30, 2016:
Provided, That not later than 90 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives--
(1) a report providing evidence demonstrating that
behavioral indicators can be used to identify passengers who
may pose a threat to aviation security and the plans that
will be put into place to collect additional performance
data; and
(2) a report addressing each of the recommendations
outlined in the report entitled ``TSA Needs Additional
Information Before Procuring Next-Generation Systems'',
published by the Government Accountability Office on March
31, 2014, and describing the steps the Transportation
Security Administration is taking to implement acquisition
best practices, increase industry engagement, and improve
transparency with regard to technology acquisition programs:
Provided further, That of the funds provided under this
heading, $25,000,000 shall be withheld from obligation for
Headquarters Administration until the submission of the
reports required by paragraphs (1) and (2) of the preceding
proviso.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of no more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase
or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding
$1,000,000 in total cost on any location; payments pursuant
to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $7,043,318,000, of
which $553,000,000 shall be for defense-related activities,
of which $213,000,000 is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and shall be available
only if the President subsequently so designates all such
amounts and transmits such designations to the Congress; of
which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and of which not to exceed $15,300 shall be for
official reception and representation expenses: Provided,
That none of the funds made available by this Act shall be
for expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from owners of yachts and credited to this
appropriation: Provided further, That to the extent fees are
insufficient to pay expenses of recreational vessel
documentation under such section 12114, and there is a
backlog of recreational vessel applications, then personnel
performing non-recreational vessel documentation functions
under subchapter II of chapter 121 of title 46, United States
Code, may perform documentation under section 12114:
Provided further, That of the funds provided under this
heading, $85,000,000 shall be withheld from obligation for
Coast Guard Headquarters Directorates until a future-years
capital investment plan for fiscal years 2016 through 2020,
as specified under the heading ``Coast Guard, Acquisition,
Construction, and Improvements'' of this Act, is submitted to
the Committees on Appropriations of the Senate and the House
of Representatives: Provided further, That funds made
available under this heading for Overseas Contingency
Operations/Global War on Terrorism may be allocated by
program, project, and activity, notwithstanding section 503
of this Act: Provided further, That, without regard to the
limitation as to time and condition of section 503(d) of this
Act, after June 30, up to $10,000,000 may be reprogrammed to
or from Military Pay and Allowances in accordance with
subsections (a), (b), and (c) of section 503.
[[Page H366]]
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,197,000, to
remain available until September 30, 2019.
reserve training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the Coast
Guard reserve program; personnel and training costs; and
equipment and services; $114,572,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease, and
operation of facilities and equipment; as authorized by law;
$1,225,223,000; of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts shall
be available until September 30, 2019 (except as subsequently
specified): $6,000,000 for military family housing;
$824,347,000 to acquire, effect major repairs to, renovate,
or improve vessels, small boats, and related equipment;
$180,000,000 to acquire, effect major repairs to, renovate,
or improve aircraft or increase aviation capability;
$59,300,000 for other acquisition programs; $40,580,000 for
shore facilities and aids to navigation, including facilities
at Department of Defense installations used by the Coast
Guard; and $114,996,000, to remain available until September
30, 2015, for personnel compensation and benefits and related
costs: Provided, That the funds provided by this Act shall
be immediately available and allotted to contract for the
production of the eighth National Security Cutter
notwithstanding the availability of funds for post-production
costs: Provided further, That the Commandant of the Coast
Guard shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives, at the time the President's budget
proposal for fiscal year 2016 is submitted pursuant to
section 1105(a) of title 31, United States Code, a future-
years capital investment plan for the Coast Guard that
identifies for each requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each asset,
subdivided by fiscal year and including a detailed
description of the purpose of the proposed funding levels for
each fiscal year, including for each fiscal year funds
requested for design, pre-acquisition activities, production,
structural modifications, missionization, post-delivery, and
transition to operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year; and
(ii) major acquisition and project events, including
development of operational requirements, contracting actions,
design reviews, production, delivery, test and evaluation,
and transition to operations, including necessary training,
shore infrastructure, and logistics;
(C) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from
the original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security's
Acquisition Review Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of comparable
legacy assets, identifying known capability gaps between such
existing capabilities and stated mission requirements, and
explaining how the acquisition of each asset will address
such known capability gaps;
(E) defines life-cycle costs for each asset and the date of
the estimate on which such costs are based, including all
associated costs of major acquisitions systems infrastructure
and transition to operations, delineated by purpose and
fiscal year for the projected service life of the asset;
(F) includes the earned value management system summary
schedule performance index and cost performance index for
each asset, if applicable; and
(G) includes a phase-out and decommissioning schedule
delineated by fiscal year for each existing legacy asset that
each asset is intended to replace or recapitalize:
Provided further, That the Commandant of the Coast Guard
shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to
support the programs, projects, and activities of the Coast
Guard in the President's budget proposal for fiscal year
2016, submitted pursuant to section 1105(a) of title 31,
United States Code: Provided further, That any
inconsistencies between the capital investment plan and
proposed appropriations shall be identified and justified:
Provided further, That the Director of the Office of
Management and Budget shall not delay the submission of the
capital investment plan referred to by the preceding
provisos: Provided further, That the Director of the Office
of Management and Budget shall have no more than a single
period of 10 consecutive business days to review the capital
investment plan prior to submission: Provided further, That
the Secretary of Homeland Security shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives one day after the capital investment plan is
submitted to the Office of Management and Budget for review
and the Director of the Office of Management and Budget shall
notify the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives when such review is completed: Provided
further, That subsections (a) and (b) of section 6402 of
Public Law 110-28 shall hereafter apply with respect to the
amounts made available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $17,892,000, to remain
available until September 30, 2017, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts, and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,450,626,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates
as may be determined by the Director of the United States
Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform
protective functions; payment of per diem or subsistence
allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a
protectee requires an employee to work 16 hours per day or to
remain overnight at a post of duty; conduct of and
participation in firearms matches; presentation of awards;
travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained
in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and
development; grants to conduct behavioral research in support
of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform
protective functions; $1,615,860,000; of which not to exceed
$19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; of which
$6,000,000 shall be for a grant for activities related to
investigations of missing and exploited children and shall
remain available until September 30, 2016; and of which not
less than $12,000,000 shall be for activities related to
training in electronic crimes investigations and forensics:
Provided, That $18,000,000 for protective travel shall remain
available until September 30, 2016: Provided further, That
$4,500,000 for National Special Security Events shall remain
available until September 30, 2016: Provided further, That
the United States Secret Service is authorized to
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obligate funds in anticipation of reimbursements from Federal
agencies and entities, as defined in section 105 of title 5,
United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under this heading
at the end of the fiscal year: Provided further, That none
of the funds made available under this heading shall be
available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the Secretary
of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security
purposes: Provided further, That none of the funds made
available to the United States Secret Service by this Act or
by previous appropriations Acts may be made available for the
protection of the head of a Federal agency other than the
Secretary of Homeland Security: Provided further, That the
Director of the United States Secret Service may enter into
an agreement to provide such protection on a fully
reimbursable basis: Provided further, That none of the funds
made available to the United States Secret Service by this
Act or by previous appropriations Acts may be obligated for
the purpose of opening a new permanent domestic or overseas
office or location unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15
days in advance of such obligation: Provided further, That
not later than 90 days after the date of enactment of this
Act, the Director of the United States Secret Service shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, a report providing evidence
that the United States Secret Service has sufficiently
reviewed its professional standards of conduct; and has
issued new guidance and procedures for the conduct of
employees when engaged in overseas operations and protective
missions, consistent with the critical missions of, and the
unique position of public trust occupied by, the United
States Secret Service: Provided further, That of the funds
provided under this heading, $10,000,000 shall be withheld
from obligation for Headquarters, Management and
Administration until such report is submitted: Provided
further, That for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less, may be
transferred between Protection of Persons and Facilities and
Domestic Field Operations.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of physical and
technological infrastructure, $49,935,000; of which
$5,380,000, to remain available until September 30, 2019,
shall be for acquisition, construction, improvement, and
maintenance of the James J. Rowley Training Center; and of
which $44,555,000, to remain available until September 30,
2017, shall be for Information Integration and Technology
Transformation program execution.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs
Directorate, support for operations, and information
technology, $61,651,000: Provided, That not to exceed $3,825
shall be for official reception and representation expenses:
Provided further, That the President's budget proposal for
fiscal year 2016, submitted pursuant to section 1105(a) of
title 31, United States Code, shall be detailed by office,
and by program, project, and activity level, for the National
Protection and Programs Directorate.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $1,188,679,000, of which $225,000,000 shall
remain available until September 30, 2016: Provided, That
if, due to delays in contract actions, the National
Protection and Programs Directorate will not fully obligate
funds for Federal Network Security or for Network Security
Deployment program, project, and activities as provided in
the accompanying statement and section 548 of this Act, such
funds may be applied to Next Generation Networks program,
project, and activities, notwithstanding section 503 of this
Act.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Director of the
Federal Protective Service shall submit at the time the
President's budget proposal for fiscal year 2016 is submitted
pursuant to section 1105(a) of title 31, United States Code,
a strategic human capital plan that aligns fee collections to
personnel requirements based on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b),
$252,056,000: Provided, That of the total amount made
available under this heading, $122,150,000 shall remain
available until September 30, 2017.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$129,358,000; of which $26,148,000 is for salaries and
expenses and $86,891,000 is for BioWatch operations:
Provided, That of the amount made available under this
heading, $16,319,000 shall remain available until September
30, 2016, for biosurveillance, chemical defense, medical and
health planning and coordination, and workforce health
protection: Provided further, That not to exceed $2,250
shall be for official reception and representation expenses.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management
Agency, $934,396,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande
Fire Assistance Act of 2000 (division C, title I, 114 Stat.
583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization
Plan No. 3 of 1978 (5 U.S.C. App.), the National Dam Safety
Program Act (33 U.S.C. 467 et seq.), the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53), the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2201 et seq.), the Post-Katrina Emergency
Management Reform Act of 2006 (Public Law 109-295; 120 Stat.
1394), the Biggert-Waters Flood Insurance Reform Act of 2012
(Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89):
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses: Provided further,
That of the total amount made available under this heading,
$35,180,000 shall be for the Urban Search and Rescue Response
System, of which none is available for Federal Emergency
Management Agency administrative costs: Provided further,
That of the total amount made available under this heading,
$30,000,000 shall remain available until September 30, 2016,
for capital improvements and other expenses related to
continuity of operations at the Mount Weather Emergency
Operations Center: Provided further, That of the total
amount made available, $3,400,000 shall be for the Office of
National Capital Region Coordination: Provided further, That
of the total amount made available under this heading, not
less than $4,000,000 shall remain available until September
30, 2016, for expenses related to modernization of automated
systems.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, $1,500,000,000, which shall be allocated as
follows:
(1) $467,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which not less than $55,000,000
shall be for Operation Stonegarden: Provided, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2015, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which not less than $13,000,000 shall
be for organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135,
1163, and 1182), of which not less than $10,000,000 shall be
for Amtrak security and $3,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,000,000 shall be to sustain current operations for
training, exercises, technical assistance, and other
programs, of which $162,991,000 shall be for training of
State, local, and tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible
applicants not later than 60 days after the date of enactment
of this Act, that eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding
section
[[Page H368]]
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)(11)) or any other provision of law, a grantee may not
use more than 5 percent of the amount of a grant made
available under this heading for expenses directly related to
administration of the grant: Provided further, That for
grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a
building or other physical facility: Provided further, That
grantees shall provide reports on their use of funds, as
determined necessary by the Secretary of Homeland Security:
Provided further, That notwithstanding section 509 of this
Act, the Administrator of the Federal Emergency Management
Agency may use the funds provided in paragraph (5) to acquire
real property for the purpose of establishing or
appropriately extending the security buffer zones around
Federal Emergency Management Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$680,000,000, to remain available until September 30, 2016,
of which $340,000,000 shall be available to carry out section
33 of that Act (15 U.S.C. 2229) and $340,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C.
2229a).
emergency management performance grants
For emergency management performance grants, as authorized
by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2015, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for its
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That fees received under this heading shall be
deposited in this account as offsetting collections and will
become available for authorized purposes on October 1, 2015,
and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $7,033,464,494, to remain available
until expended, of which $24,000,000 shall be transferred to
the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters:
Provided, That the Administrator of the Federal Emergency
Management Agency shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
the following reports, including a specific description of
the methodology and the source data used in developing such
reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget
proposal for fiscal year 2016 is submitted pursuant to
section 1105(a) of title 31, United States Code:
(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic events
for the budget year;
(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
(E) the total amount that has been previously obligated or
will be required for catastrophic events delineated by event
and by State for all prior years, the current year, the
budget year, the budget year plus 1, the budget year plus 2,
and the budget year plus 3 and beyond;
(F) the amount of previously obligated funds that will be
recovered for the budget year;
(G) the amount that will be required for obligations for
emergencies, as described in section 102(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(1)), major disasters, as described in section
102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)), fire management
assistance grants, as described in section 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5187), surge activities, and disaster readiness and
support activities; and
(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, and shall be
published by the Administrator on the Agency's Web site not
later than the fifth day of each month:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations,
and obligations made;
(B) a table of disaster relief activity delineated by
month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obligated for
fire assistance, emergencies, surge, and disaster support
activities;
(iii) the obligations for catastrophic events delineated by
event and by State; and
(iv) the amount of previously obligated funds that are
recovered;
(C) a summary of allocations, obligations, and expenditures
for catastrophic events delineated by event;
(D) in addition, for a disaster declaration related to
Hurricane Sandy, the cost of the following categories of
spending: public assistance, individual assistance,
mitigation, administrative, operations, and any other
relevant category (including emergency measures and disaster
resources); and
(E) the date on which funds appropriated will be exhausted:
Provided further, That the Administrator shall publish on
the Agency's Web site not later than 5 days after an award of
a public assistance grant under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) the specifics of the grant award: Provided
further, That for any mission assignment or mission
assignment task order to another Federal department or agency
regarding a major disaster, not later than 5 days after the
issuance of the mission assignment or task order, the
Administrator shall publish on the Agency's website the
following: the name of the impacted State and the disaster
declaration for such State, the assigned agency, the
assistance requested, a description of the disaster, the
total cost estimate, and the amount obligated: Provided
further, That not later than 10 days after the last day of
each month until the mission assignment or task order is
completed and closed out, the Administrator shall update any
changes to the total cost estimate and the amount obligated:
Provided further, That of the amount provided under this
heading, $6,437,792,622 shall be for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided
further, That the amount in the preceding proviso is
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs,
under section 1360 of the National Flood Insurance Act of
1968 (42 U.S.C. 4101), and under sections 100215, 100216,
100226, 100230, and 100246 of the Biggert-Waters Flood
Insurance Reform Act of 2012, (Public Law 112-141, 126 Stat.
916), $100,000,000, and such additional sums as may be
provided by State and local governments or other political
subdivisions for cost-shared mapping activities under section
1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (subtitle A of title II of
division F of Public Law 112-141; 126 Stat. 916), and the
Homeowner Flood Insurance Affordability Act of 2014 (Public
Law 113-89; 128 Stat. 1020), $179,294,000, which shall remain
available until September 30, 2016, and shall be derived from
offsetting amounts collected under section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d));
which is available for salaries and expenses associated with
flood mitigation and flood insurance operations; and
floodplain management and additional amounts for flood
mapping: Provided, That of such amount, $23,759,000 shall be
available for salaries and expenses associated with flood
mitigation and flood insurance operations and $155,535,000
shall be available for flood plain management and flood
mapping: Provided further, That any additional fees
collected pursuant to section 1308(d) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited
as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided
further, That in fiscal year 2015, no funds shall be
available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of:
(1) $136,000,000 for operating expenses;
(2) $1,139,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $150,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance
[[Page H369]]
under section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) and
1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as
available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section
1366(e), and paragraphs (1) through (3) of section 1367(b) of
such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):
Provided further, That total administrative costs shall not
exceed 4 percent of the total appropriation: Provided
further, That $5,000,000 is available to carry out section 24
of the Homeowner Flood Insurance Affordability Act of 2014
(42 U.S.C. 4033).
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), $25,000,000, to remain
available until expended.
emergency food and shelter
To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to
remain available until expended: Provided, That total
administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $124,435,000 for the E-Verify Program, as described
in section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
to assist United States employers with maintaining a legal
workforce: Provided, That, notwithstanding any other
provision of law, funds otherwise made available to United
States Citizenship and Immigration Services may be used to
acquire, operate, equip, and dispose of up to 5 vehicles, for
replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease:
Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees
who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of
employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not
to exceed 117 vehicles for police-type use and hire of
passenger motor vehicles; expenses for student athletic and
related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness
and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $230,497,000; of
which up to $54,154,000 shall remain available until
September 30, 2016, for materials and support costs of
Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to
Federal law enforcement agencies for expenses incurred
participating in training accreditation; and of which not to
exceed $7,180 shall be for official reception and
representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended under this heading in division F of Public
Law 113-76, is further amended by striking ``December 31,
2016'' and inserting ``December 31, 2017'': Provided
further, That the Director of the Federal Law Enforcement
Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement
Training Center to ensure that such training facilities are
operated at the highest capacity throughout the fiscal year:
Provided further, That the Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $27,841,000, to remain available
until September 30, 2019: Provided, That the Center is
authorized to accept reimbursement to this appropriation from
government agencies requesting the construction of special
use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), $129,993,000: Provided, That not to exceed $7,650
shall be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and
evaluation, acquisition, and operations as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), and the purchase or lease of not to exceed 5
vehicles, $973,915,000; of which $538,926,000 shall remain
available until September 30, 2017; and of which $434,989,000
shall remain available until September 30, 2019, solely for
operation and construction of laboratory facilities:
Provided, That of the funds provided for the operation and
construction of laboratory facilities under this heading,
$300,000,000 shall be for construction of the National Bio-
and Agro-defense Facility.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office, as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.), for management and
administration of programs and activities, $37,339,000:
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$197,900,000, to remain available until September 30, 2017.
systems acquisition
For necessary expenses for the Domestic Nuclear Detection
Office acquisition and deployment of radiological detection
systems in accordance with the global nuclear detection
architecture, $72,603,000, to remain available until
September 30, 2017.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2015, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate
or the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time
equivalents in the object classification tables contained in
the fiscal year 2015 Budget Appendix for the Department of
Homeland Security, as modified by the report accompanying
this Act, unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2015, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
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(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless
the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations based upon an initial notification
provided after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
this section shall apply to any use of deobligated balances
of funds provided in previous Department of Homeland Security
Appropriations Acts.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
as a permanent working capital fund for fiscal year 2015:
Provided, That none of the funds appropriated or otherwise
made available to the Department of Homeland Security may be
used to make payments to the Working Capital Fund, except for
the activities and amounts allowed in the President's fiscal
year 2015 budget: Provided further, That funds provided to
the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working
Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each
Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for
purposes consistent with the contributing component:
Provided further, That the Working Capital Fund shall be paid
in advance or reimbursed at rates which will return the full
cost of each service: Provided further, That the Committees
on Appropriations of the Senate and House of Representatives
shall be notified of any activity added to or removed from
the fund: Provided further, That the Chief Financial Officer
of the Department of Homeland Security shall submit a
quarterly execution report with activity level detail, not
later than 30 days after the end of each quarter.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2015, as
recorded in the financial records at the time of a
reprogramming request, but not later than June 30, 2016, from
appropriations for salaries and expenses for fiscal year 2015
in this Act shall remain available through September 30,
2016, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the
obligation of such funds, a request shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503
of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2015 until the enactment of an Act authorizing
intelligence activities for fiscal year 2015.
Sec. 507. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used
to--
(1) make or award a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-
year Department of Homeland Security funds;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered
by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the
prohibition under subsection (a) if the Secretary notifies
the Committees on Appropriations of the Senate and the House
of Representatives at least 3 full business days in advance
of making an award or issuing a letter as described in that
subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
(e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days
in advance of announcing publicly the intention of making an
award under ``State and Local Programs''.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department
of Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
(b) The third proviso of section 537 of the Department of
Homeland Security Appropriations Act, 2006 (6 U.S.C. 114),
shall not apply with respect to funds made available in this
Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act. For purposes of the preceding sentence, the
term ``Buy American Act'' means chapter 83 of title 41,
United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report for that month that
includes total obligations of the Department for that month
for the fiscal year at the appropriation and program,
project, and activity levels, by the source year of the
appropriation. Total obligations for staffing shall also be
provided by subcategory of on-board and funded full-time
equivalent staffing levels, respectively, and the report
shall specify the number of, and total obligations for,
contract employees for each office of the Department.
Sec. 514. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'', and ``Transportation Security Support''
for fiscal years 2004 and 2005 that are recovered or
deobligated shall be available only for the procurement or
installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to
notification: Provided, That semiannual reports shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 515. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of United States Citizenship and Immigration Services
of the Department of Homeland Security who are known as
Immigration Information Officers, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
Sec. 516. Any funds appropriated to ``Coast Guard,
Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 517. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 518. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2015, to the
Office of Inspector General of the Department of Homeland
Security listing all grants and contracts awarded by any
means other than full and open competition during fiscal year
2015.
(b) The Inspector General shall review the report required
by subsection (a) to assess Departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the Senate
and the House of
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Representatives not later than February 15, 2016.
Sec. 519. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor
thereto) for any Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of section 509(c) and
sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A))
and section 302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143);
(2) not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the
President issues a declaration under section 401 or section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and 5191, respectively), the
Secretary of Homeland Security shall submit a notification of
the appointment of the Principal Federal Official and a
description of the responsibilities of such Official and how
such responsibilities are consistent with paragraph (1) to
the Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
(3) not later than 60 days after the date of enactment of
this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise
protocols, to ensure consistency with paragraph (1) of this
section.
Sec. 520. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
Sec. 521. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 522. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services, and the results
do not preclude the granting of the benefit.
Sec. 523. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2014,'' and inserting ``Until September 30, 2015,''; and
(2) in subsection (c)(1), by striking ``September 30,
2014,'' and inserting ``September 30, 2015,''.
Sec. 524. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 525. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used
to approve a waiver of the navigation and vessel-inspection
laws pursuant to 46 U.S.C. 501(b) for the transportation of
crude oil distributed from the Strategic Petroleum Reserve
until the Secretary of Homeland Security, after consultation
with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to
46 U.S.C. 501(b).
Sec. 526. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 527. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 528. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703.1(g)(4)(B) of title 31, United
States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security: Provided, That
none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives approve the proposed
transfers.
Sec. 529. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 530. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 531. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date on which the President determines whether to declare
a major disaster because of an event and any appeal is
completed, the Administrator shall publish on the Web site of
the Federal Emergency Management Agency a report regarding
that decision that shall summarize damage assessment
information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 532. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 533. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 534. 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. 535. 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)).
Sec. 536. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler or successor program of the
Transportation Security Administration shall hereafter
safeguard and dispose of such information in accordance with
the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled
``Recommended Security Controls for Federal Information
Systems and Organizations''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ``Administrator'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall hereafter be known as the ``Sponsoring Entity''.
(c) The Administrator shall hereafter require any company
covered by subsection (a) to provide, not later than 30 days
after the date of enactment of this Act, to the Sponsoring
Entity written certification that the procedures used by the
company to safeguard and dispose of information are in
compliance with the requirements under subsection (a). Such
certification shall include a description of the procedures
used by the company to comply with such requirements.
Sec. 537. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 538. In developing any process to screen aviation
passengers and crews for
[[Page H372]]
transportation or national security purposes, the Secretary
of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy
and civil liberties consistent with applicable laws,
regulations, and guidance.
Sec. 539. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the funds deposited into the
Immigration Examinations Fee Account, $10,000,000 may be
allocated by United States Citizenship and Immigration
Services in fiscal year 2015 for the purpose of providing an
immigrant integration grants program.
(b) None of the funds made available to United States
Citizenship and Immigration Services for grants for immigrant
integration may be used to provide services to aliens who
have not been lawfully admitted for permanent residence.
Sec. 540. For an additional amount for the ``Office of the
Under Secretary for Management'', $48,600,000, to remain
available until expended, for necessary expenses to plan,
acquire, design, construct, renovate, remediate, equip,
furnish, improve infrastructure, and occupy buildings and
facilities for the department headquarters consolidation
project and associated mission support consolidation:
Provided, That the Committees on Appropriations of the Senate
and the House of Representatives shall receive an expenditure
plan not later than 90 days after the date of enactment of
the Act detailing the allocation of these funds.
Sec. 541. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of subtitle I of title 41, United States Code,
or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 542. (a) For an additional amount for financial
systems modernization, $34,072,000 to remain available until
September 30, 2016.
(b) Funds made available in subsection (a) for financial
systems modernization may be transferred by the Secretary of
Homeland Security between appropriations for the same
purpose, notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 543. Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
5 days in advance of such transfer.
Sec. 544. Notwithstanding any other provision of law, if
the Secretary of Homeland Security determines that specific
U.S. Immigration and Customs Enforcement Service Processing
Centers or other U.S. Immigration and Customs Enforcement
owned detention facilities no longer meet the mission need,
the Secretary is authorized to dispose of individual Service
Processing Centers or other U.S. Immigration and Customs
Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and
related personal property which support Service Processing
Centers or other U.S. Immigration and Customs Enforcement
owned detention facilities, subject to such terms and
conditions as necessary to protect Government interests and
meet program requirements: Provided, That the proceeds, net
of the costs of sale incurred by the General Services
Administration and U.S. Immigration and Customs Enforcement,
shall be deposited as offsetting collections into a separate
account that shall be available, subject to appropriation,
until expended for other real property capital asset needs of
existing U.S. Immigration and Customs Enforcement assets,
excluding daily operations and maintenance costs, as the
Secretary deems appropriate: Provided further, That any sale
or collocation of federally owned detention facilities shall
not result in the maintenance of fewer than 34,000 detention
beds: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified 15 days prior to the announcement of any
proposed sale or collocation.
Sec. 545. The Commissioner of U.S. Customs and Border
Protection and the Assistant Secretary of Homeland Security
for U.S. Immigration and Customs Enforcement shall, with
respect to fiscal years 2015, 2016, 2017, and 2018, submit to
the Committees on Appropriations of the Senate and the House
of Representatives, at the time that the President's budget
proposal for fiscal year 2016 is submitted pursuant to the
requirements of section 1105(a) of title 31, United States
Code, the information required in the multi-year investment
and management plans required, respectively, under the
headings ``U.S. Customs and Border Protection, Salaries and
Expenses'' under title II of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74); ``U.S. Customs
and Border Protection, Border Security Fencing,
Infrastructure, and Technology'' under such title; and
section 568 of such Act.
Sec. 546. The Secretary of Homeland Security shall ensure
enforcement of all immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
Sec. 547. (a) Of the amounts made available by this Act for
``National Protection and Programs Directorate,
Infrastructure Protection and Information Security'',
$140,525,000 for the Federal Network Security program,
project, and activity shall be used to deploy on Federal
systems technology to improve the information security of
agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made
available under this section shall be used to assist and
support Government-wide and agency-specific efforts to
provide adequate, risk-based, and cost-effective
cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition
and operation of a continuous monitoring and diagnostics
program, in collaboration with departments and agencies, that
includes equipment, software, and Department of Homeland
Security supplied services: Provided further, That
continuous monitoring and diagnostics software procured by
the funds made available by this section shall not transmit
to the Department of Homeland Security any personally
identifiable information or content of network communications
of other agencies' users: Provided further, That such
software shall be installed, maintained, and operated in
accordance with all applicable privacy laws and agency-
specific policies regarding network content.
(b) Funds made available under this section may not be used
to supplant funds provided for any such system within an
agency budget.
(c) Not later than July 1, 2015, the heads of all Federal
agencies shall submit to the Committees on Appropriations of
the Senate and the House of Representatives expenditure plans
for necessary cybersecurity improvements to address known
vulnerabilities to information systems described in
subsection (a).
(d) Not later than October 1, 2015, and semiannually
thereafter, the head of each Federal agency shall submit to
the Director of the Office of Management and Budget a report
on the execution of the expenditure plan for that agency
required by subsection (c): Provided, That the Director of
the Office of Management and Budget shall summarize such
execution reports and annually submit such summaries to
Congress in conjunction with the annual progress report on
implementation of the E-Government Act of 2002 (Public Law
107-347), as required by section 3606 of title 44, United
States Code.
(e) This section shall not apply to the legislative and
judicial branches of the Federal Government and shall apply
to all Federal agencies within the executive branch except
for the Department of Defense, the Central Intelligence
Agency, and the Office of the Director of National
Intelligence.
Sec. 548. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 549. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel unless law
enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 550. None of the funds provided in this or any other
Act may be obligated to implement the National Preparedness
Grant Program or any other successor grant programs unless
explicitly authorized by Congress.
Sec. 551. None of the funds made available in this Act may
be used to provide funding for the position of Public
Advocate, or a successor position, within U.S. Immigration
and Customs Enforcement.
Sec. 552. (a) Section 559 of division F of Public Law 113-
76 is amended as follows:
(1) Subsection (f)(2)(B) is amended by adding at the end:
``Such transfer shall not be required for personal property,
including furniture, fixtures, and equipment.''; and
(2) Subsection (e)(3)(b) is amended by inserting after
``payment of overtime'' the following: ``and the salaries,
training and benefits of individuals employed by U.S. Customs
and Border Protection to support U.S. Customs and Border
Protection officers in performing law enforcement functions
at ports of entry, including primary and secondary processing
of passengers''.
(b) Section 560(g) of division D of Public Law 113-6 is
amended by inserting after ``payment of overtime'' the
following: ``and the salaries, training and benefits of
individuals employed by U.S. Customs and Border Protection to
support U.S. Customs and Border Protection officers in
performing law enforcement functions at ports of entry,
including primary and secondary processing of passengers''.
(c) The Commissioner of U.S. Customs and Border Protection
may modify a reimbursable fee agreement in effect as of the
date of enactment of this Act to include costs specified in
this section.
Sec. 553. None of the funds made available in this Act may
be used to pay for the travel
[[Page H373]]
to or attendance of more than 50 employees of a single
component of the Department of Homeland Security, who are
stationed in the United States, at a single international
conference unless the Secretary of Homeland Security, or a
designee, determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10
days of that determination and the basis for that
determination: Provided, That for purposes of this section
the term ``international conference'' shall mean a conference
occurring outside of the United States attended by
representatives of the United States Government and of
foreign governments, international organizations, or
nongovernmental organizations.
Sec. 554. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 555. With the exception of countries with
preclearance facilities in service prior to 2013, none of the
funds made available in this Act may be used for new U.S.
Customs and Border Protection air preclearance agreements
entering into force after February 1, 2014, unless--
(1) the Secretary of Homeland Security, in consultation
with the Secretary of State, has certified to Congress that
air preclearance operations at the airport provide a homeland
or national security benefit to the United States;
(2) United States passenger air carriers are not precluded
from operating at existing preclearance locations; and
(3) a United States passenger air carrier is operating at
all airports contemplated for establishment of new air
preclearance operations.
Sec. 556. None of the funds made available by this or any
other Act may be used by the Administrator of the
Transportation Security Administration to implement,
administer, or enforce, in abrogation of the responsibility
described in section 44903(n)(1) of title 49, United States
Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile
area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1,
2013.
Sec. 557. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Sec. 558. (a) In General.--Beginning on the date of the
enactment of this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian,
cyclist, and driver and passenger of a private motor vehicle
is required to pay for the privilege of crossing the Southern
border or the Northern border at a land port of entry.
Sec. 559. The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management
under section 3323 of title 5, United States Code, shall be
available on a temporary reemployment basis to conduct
arbitrations of disputes arising from delivery of assistance
under the Federal Emergency Management Agency Public
Assistance Program.
Sec. 560. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42) fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 561. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on the Department of Homeland
Security that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the budget
unless such budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2016
appropriations Act.
Sec. 562. (a) The Secretary of Homeland Security shall
submit to the Congress, not later than 180 days after the
date of enactment of this Act and annually thereafter,
beginning at the time the President's budget proposal for
fiscal year 2017 is submitted pursuant to section 1105(a) of
title 31, United States Code, a comprehensive report on the
purchase and usage of weapons, subdivided by weapon type. The
report shall include--
(1) the quantity of weapons in inventory at the end of the
preceding calendar year, and the amount of weapons,
subdivided by weapon type, included in the budget request for
each relevant component or agency in the Department of
Homeland Security;
(2) a description of how such quantity and purchase aligns
to each component or agency's mission requirements for
certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the
Department of Homeland Security, including comparative
details regarding other contracting options with respect to
cost and availability.
(b) The reports required by subsection (a) shall be
submitted in an appropriate format in order to ensure the
safety of law enforcement personnel.
Sec. 563. None of the funds made available by this Act
shall be used for the environmental remediation of the Coast
Guard's LORAN support in Wildwood/Lower Township, New Jersey.
Sec. 564. None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for any structural pay reform that affects more
than 100 full-time equivalent employee positions or costs
more than $5,000,000 in a single year before the end of the
30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 565. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Committees on Appropriations of the Senate
and the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days except as otherwise specified in law.
Sec. 566. Section 605 of division E of Public Law 110-161
(6 U.S.C. 1404) is hereby repealed.
Sec. 567. The Administrator of the Federal Emergency
Management Agency may transfer up to $95,000,000 in
unobligated balances made available for the appropriations
account for ``Federal Emergency Management Agency, Disaster
Assistance Direct Loan Program'' under section 2(a) of the
Community Disaster Loan Act of 2005 (Public Law 109-88; 119
Stat. 2061) or under chapter 5 of title I of division B of
the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law (110-329; 122
Stat. 3592) to the appropriations account for ``Federal
Emergency Management Agency, Disaster Relief Fund''. Amounts
transferred to such account under this section shall be
available for any authorized purpose of such account.
Sec. 568. Notwithstanding any other provision of law,
Gerardo Ismael Hernandez, a Transportation Security Officer
employed by the Transportation Security Administration who
died as the direct result of an injury sustained in the line
of duty on November 1, 2013, at the Los Angeles International
Airport, shall be deemed to have been a public safety officer
for the purposes of the Omnibus Crime Control and Safe Street
Act of 1968 (42 U.S.C. 3711 et seq.).
Sec. 569. The Office of Management and Budget and the
Department of Homeland Security shall ensure the
congressional budget justifications accompanying the
President's budget proposal for the Department of Homeland
Security, submitted pursuant to section 1105(a) of title 31,
United States Code, include estimates of the number of
unaccompanied alien children anticipated to be apprehended in
the budget year and the number of agent or officer hours
required to process, manage, and care for such children:
Provided, That such materials shall also include estimates of
all other associated costs for each relevant Departmental
component, including but not limited to personnel; equipment;
supplies; facilities; managerial, technical, and advisory
services; medical treatment; and all costs associated with
transporting such children from one Departmental component to
another or from a Departmental component to another Federal
agency.
Sec. 570. Notwithstanding section 404 or 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c and 5187), until September 30, 2015, the
President may provide hazard mitigation assistance in
accordance with such section 404 in any area in which
assistance was provided under such section 420.
Sec. 571. That without regard to the limitation as to time
and condition of section 503(d) of this Act, the Secretary
may propose to reprogram within and transfer funds into
``U.S. Customs and Border Protection, Salaries and Expenses''
and ``U.S. Immigration and Customs Enforcement, Salaries and
Expenses'' as necessary to ensure the care and transportation
of unaccompanied alien children.
Sec. 572. Notwithstanding any other provision of law,
grants awarded to States along
[[Page H374]]
the Southwest Border of the United States under sections 2003
or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604
and 605) using funds provided under the heading ``Federal
Emergency Management Agency, State and Local Programs'' in
division F of Public Law 113-76 or division D of Public Law
113-6 may be used by recipients or sub-recipients for costs,
or reimbursement of costs, related to providing humanitarian
relief to unaccompanied alien children and alien adults
accompanied by an alien minor where they are encountered
after entering the United States, provided that such costs
were incurred during the award period of performance.
(rescissions)
Sec. 573. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $5,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Border Security,
Fencing, Infrastructure, and Technology'';
(2) $8,000,000 from Public Law 113-76 under the heading
``U.S. Customs and Border Protection, Air and Marine
Operations'' in division F of such Act;
(3) $10,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Construction and
Facilities Management'';
(4) $15,300,000 from ``Transportation Security
Administration, Aviation Security'' account 70x0550;
(5) $187,000,000 from Public Law 113-76 under the heading
``Transportation Security Administration, Aviation
Security'';
(6) $2,550,000 from Public Law 112-10 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(7) $12,095,000 from Public Law 112-74 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(8) $16,349,000 from Public Law 113-6 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(9) $30,643,000 from Public Law 113-76 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(10) $24,000,000 from ``Federal Emergency Management
Agency, National Predisaster Mitigation Fund'' account
70x0716; and
(11) $16,627,000 from ``Science and Technology, Research,
Development, Acquisition, and Operations'' account 70x0800.
(rescission)
Sec. 574. From the unobligated balances made available in
the Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code, (added by
section 638 of Public Law 102-393), $175,000,000 shall be
rescinded.
(rescissions)
Sec. 575. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) $1,317,018 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(2) $57,998 from ``Coast Guard, Acquisition, Construction,
and Improvements'';
(3) $17,597 from ``Federal Emergency Management Agency,
Office of Domestic Preparedness''; and
(4) $82,926 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund''.
Sec. 576. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2014 (Public Law 113-76) are rescinded:
(1) $463,404 from ``Office of the Secretary and Executive
Management'';
(2) $47,023 from ``Office of the Under Secretary for
Management'';
(3) $29,852 from ``Office of the Chief Financial Officer'';
(4) $16,346 from ``Office of the Chief Information
Officer'';
(5) $816,384 from ``Analysis and Operations'';
(6) $158,931 from ``Office of Inspector General'';
(7) $635,153 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(8) $65,195 from ``U.S. Customs and Border Protection,
Automation Modernization'';
(9) $96,177 from ``U.S. Customs and Border Protection, Air
and Marine Operations'';
(10) $2,368,902 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses'';
(11) $600,000 from ``Transportation Security
Administration, Federal Air Marshals'';
(12) $3,096,521 from ``Coast Guard, Operating Expenses'';
(13) $208,654 from ``Coast Guard, Reserve Training'';
(14) $1,722,319 from ``Coast Guard, Acquisition,
Construction, and Improvements'';
(15) $1,256,900 from ``United States Secret Service,
Salaries and Expenses'';
(16) $107,432 from ``National Protection and Programs
Directorate, Management and Administration'';
(17) $679,212 from ``National Protection and Programs
Directorate, Infrastructure Protection and Information
Security'';
(18) $26,169 from ``Office of Biometric Identity
Management'';
(19) $37,201 from ``Office of Health Affairs'';
(20) $818,184 from ``Federal Emergency Management Agency,
Salaries and Expenses'';
(21) $447,280 from ``Federal Emergency Management Agency,
State and Local Programs'';
(22) $98,841 from ``Federal Emergency Management Agency,
United States Fire Administration'';
(23) $448,073 from ``United States Citizenship and
Immigration Services'';
(24) $519,503 from ``Federal Law Enforcement Training
Center, Salaries and Expenses'';
(25) $500,005 from ``Science and Technology, Management and
Administration''; and
(26) $68,910 from ``Domestic Nuclear Detection Office,
Management and Administration''.
(rescission)
Sec. 577. Of the unobligated balances made available to
``Federal Emergency Management Agency, Disaster Relief
Fund'', $375,000,000 shall be rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That no amounts may be rescinded from the
amounts that were designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 578. The explanatory statement regarding this Act,
printed in the House of Representatives section of the
Congressional Record, on or about January 13, 2015, by the
Chairman of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of
funds and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2015''.
The Acting CHAIR. No amendment to the bill shall be in order except
those printed in part B of House Report 114-2. Each such amendment may
be offered only in the order printed in the report, by a Member
designated in the report, shall be considered 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.
Amendment No. 1 Offered by Mr. Aderholt
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part B of House Report 114-2.
Mr. ADERHOLT. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. ____. (a) No funds, resources, or fees made available
to the Secretary of Homeland Security, or to any other
official of a Federal agency, by this Act or any other Act
for any fiscal year, including any deposits into the
``Immigration Examinations Fee Account'' established under
section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356(m)), may be used to implement, administer,
enforce, or carry out (including through the issuance of any
regulations) any of the policy changes set forth in the
following memoranda (or any substantially similar policy
changes issued or taken on or after January 9, 2015, whether
set forth in memorandum, Executive order, regulation,
directive, or by other action):
(1) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Civil Immigration
Enforcement: Priorities for the Apprehension, Detention, and
Removal of Aliens'' dated March 2, 2011.
(2) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Exercising Prosecutorial
Discretion Consistent with the Civil Immigration Enforcement
Priorities of the Agency for the Apprehension, Detention, and
Removal of Aliens'' dated June 17, 2011.
(3) The memorandum from the Principal Legal Advisor of U.S.
Immigration and Customs Enforcement entitled ``Case-by-Case
Review of Incoming and Certain Pending Cases'' dated November
17, 2011.
(4) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Civil Immigration
Enforcement: Guidance on the Use of Detainers in the Federal,
State, Local, and Tribal Criminal Justice Systems'' dated
December 21, 2012.
(5) The memorandum from the Secretary of Homeland Security
entitled ``Southern Border and Approaches Campaign'' dated
November 20, 2014.
(6) The memorandum from the Secretary of Homeland Security
entitled ``Policies for the Apprehension, Detention and
Removal of Undocumented Immigrants'' dated November 20, 2014.
[[Page H375]]
(7) The memorandum from the Secretary of Homeland Security
entitled ``Secure Communities'' dated November 20, 2014.
(8) The memorandum from the Secretary of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect
to Individuals Who Came to the United States as Children and
with Respect to Certain Individuals Who Are the Parents of
U.S. Citizens or Permanent Residents'' dated November 20,
2014.
(9) The memorandum from the Secretary of Homeland Security
entitled ``Expansion of the Provisional Waiver Program''
dated November 20, 2014.
(10) The memorandum from the Secretary of Homeland Security
entitled ``Policies Supporting U.S. High-Skilled Businesses
and Workers'' dated November 20, 2014.
(11) The memorandum from the Secretary of Homeland Security
entitled ``Families of U.S. Armed Forces Members and
Enlistees'' dated November 20, 2014.
(12) The memorandum from the Secretary of Homeland Security
entitled ``Directive to Provide Consistency Regarding Advance
Parole'' dated November 20, 2014.
(13) The memorandum from the Secretary of Homeland Security
entitled ``Policies to Promote and Increase Access to U.S.
Citizenship'' dated November 20, 2014.
(14) The memorandum from the President entitled
``Modernizing and Streamlining the U.S. Immigrant Visa System
for the 21st Century'' dated November 21, 2014.
(15) The memorandum from the President entitled ``Creating
Welcoming Communities and Fully Integrating Immigrants and
Refugees'' dated November 21, 2014.
(b) The memoranda referred to in subsection (a) (or any
substantially similar policy changes issued or taken on or
after January 9, 2015, whether set forth in memorandum,
Executive order, regulation, directive, or by other action)
have no statutory or constitutional basis and therefore have
no legal effect.
(c) No funds or fees made available to the Secretary of
Homeland Security, or to any other official of a Federal
agency, by this Act or any other Act for any fiscal year,
including any deposits into the ``Immigration Examinations
Fee Account'' established under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)), may be
used to grant any Federal benefit to any alien pursuant to
any of the policy changes set forth in the memoranda referred
to in subsection (a) (or any substantially similar policy
changes issued or taken on or after January 9, 2015, whether
set forth in memorandum, Executive order, regulation,
directive, or by other action).
(d) The budgetary effects of this section shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(e) Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects
of this section shall not be estimated--
(1) for purposes of section 251 of the such Act; and
(2) for purposes of paragraph 4(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
The Acting CHAIR. Pursuant to House Resolution 27, the gentleman from
Alabama (Mr. Aderholt) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from Alabama.
Mr. ADERHOLT. Mr. Chairman, I want to thank the chairman of the
Appropriations Committee (Mr. Carter) for his leadership in putting a
great bill and a comprehensive bill before us this morning that deals
with protecting the homeland.
I am presenting today, along with my distinguished colleagues--in
particular, from South Carolina (Mr. Mulvaney), and also Mr. Barletta
from Pennsylvania--an amendment that defunds the President's
unconstitutional executive actions on illegal immigration.
As it has been noted here last night and this morning, back in
December, the House voted to fund the Federal Government for this
fiscal year, FY15, but we kept funding for the Department of Homeland
Security on a continuing resolution. By doing so, we were making a
promise to the American people. It was a promise that once we had a
Republican Senate, we would work together as a Congress to ensure the
President's unconstitutional and unilateral actions would not go
unchecked. Today, this promise has been kept with this amendment before
us today.
At this time, I would like to yield 1 minute to the distinguished
gentleman from Texas (Mr. Carter), the chairman of the Homeland
Security Subcommittee on Appropriations.
Mr. CARTER of Texas. Mr. Chairman, I rise in support of this
amendment. The executive actions of November 20, 2014, and the Morton
memos of 2011 and 2012 are in direct contravention of congressional
intent and have no standing in current law and must be dismantled.
Apparently, the President learned nothing from the devastating
results of his previous executive amnesty, Deferred Action for
Childhood Arrivals, DACA, which led to nearly 70,000 children arriving
on our southern border last summer at a cost of hundreds of millions of
dollars to the American taxpayer.
This amendment turns back the President's shortsighted executive
overreach, and for that reason, I strongly support its passage.
Mr. Chairman, we will also consider four additional amendments today.
All of them seek to correct many of the dangerous actions the President
has taken on this issue and restore the rule of law. I plan to support
all of these amendments and urge my colleagues to do the same.
Mr. PRICE of North Carolina. Mr. Chair, I claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I yield myself such time
as I may utilize.
Mr. Chairman, I rise in strong opposition to this poison pill
amendment, which is a laundry list of attacks on anything the executive
branch has done to improve immigration and border security policy. It
caters to every whim of the Republican Conference's most extreme
elements. It would defund the Secretary's Southern Border and
Approaches Campaign designed to unify border security efforts. It would
defund policies to improve employment-based immigration, to bring
highly skilled workers into our country. It would defund the policy to
parole in place family members of citizens or lawful permanent
residents who seek to enlist in the U.S. military, a policy supported
by the Department of Defense. Incredibly, it would defund the
Department's provision of temporary relief to individuals who were
brought to this country illegally as children--those covered by the
DREAM Act--and to the parents of U.S. citizens who meet certain
criteria.
Of course, it would defund the Secretary's policy of setting
immigration enforcement priorities. Every prosecutor in this country
exercises some level of discretion to make the most of limited
resources. We want our police to pursue murderers over traffic
violators. We also should want DHS to focus enforcement efforts on
illegal immigrants who pose a threat to our communities.
Now, it would be preferable--as the President is the first to
acknowledge--to pass comprehensive immigration reform to address our
country's festering immigration challenges. But in the face of House
Republicans' failure to act, the President has taken well-considered
steps, each of them well-grounded in law and precedent. If the
Republican majority wishes to change the law in some way to deny him
such authority, they should introduce legislation to do so. But
adoption of this amendment would sabotage the Homeland Security funding
bill and undermine our Nation's security at a time of great danger.
Mr. Chairman, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. ADERHOLT. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. McCarthy), the majority leader of the House of
Representatives to speak, and thank him for his leadership.
Mr. McCARTHY. I thank the gentleman for yielding.
Mr. Chairman, when the President was asked about his deportation
policy early in 2013, President Obama said:
I am the President of the United States of America. I am
not the emperor of the United States. My job is to execute
laws that are passed.
Mr. Chairman, a few days earlier he said:
I am not a king. I am the head of the executive branch of
government. I am required to follow the law.
Twenty-two times, Mr. Chairman, the President said he couldn't ignore
immigration law and create new laws by himself. But now, Mr. Chairman,
President Obama has done exactly what he said he could not do. What
changed between then and now? Nothing. Our Constitution is exactly the
[[Page H376]]
same, and Congress still retains the sole power to legislate.
Mr. Chairman, Presidents do not have the right to rewrite any law in
any instance. This fact is explicitly clear in regards to immigration.
Actually, when it comes to immigration, the Supreme Court stated:
Over no conceivable subject is the legislative power of
Congress more complete.
This is not a battle between Democrats and Republicans or a battle
between pro-immigration and anti-immigration. It doesn't matter
whether, Mr. Chairman, you like the results of what the President did
or not. This is about resisting the assault on democratic government
and protecting the constitutional separation of powers.
Let me be clear. This bill funds the entire Department of Homeland
Security, so that is not an issue here. So when we vote today, there is
only one question to ask: Do we weaken our Constitution by allowing the
Executive to legislate, or do we defend the most fundamental laws of
our democracy? There is no middle ground.
Mr. PRICE of North Carolina. Mr. Chairman, I yield 2 minutes to the
gentlewoman from New York (Mrs. Lowey), our ranking member on
Appropriations.
Mrs. LOWEY. Mr. Chairman, the 114th Congress started 1 week ago with
Republican leadership saying they wanted to work together and govern
maturely. Well, it only took a week for Republican leadership to fold
to its rightwing. Instead of compromise, we see confrontation.
Make no mistakes. The amendments being debated this morning would
stop the bill, would kill the bill, hurt those who were brought here as
children and know no other country than the United States, prevent the
Department of Homeland Security from prioritizing the deportation of
national security threats and dangerous felons, and are little more
than a collection of political sound bites.
If you don't agree with the President's enforcement actions, which
are legal and similar to steps taken by several Republican Presidents,
then let us have a serious debate about comprehensive immigration
reform, then bring an immigration bill to the floor.
Mr. Chairman, the President's executive actions will grow the economy
by $90 billion to $210 billion over the next 10 years and raise average
wages for U.S.-born workers by $170 a year. The House Republican
proposal would not only eradicate these gains, but harm numerous
security initiatives. After the tragic events in Paris, it is appalling
that some would jeopardize our national security by adding these
irresponsible amendments.
Let's vote against these poison bills and move forward with a solid,
bipartisan Homeland Security bill supported by Democrats, Republicans,
the House, and the Senate.
Mr. ADERHOLT. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Goodlatte), the chairman of the House
Judiciary Committee.
Mr. GOODLATTE. I thank the gentleman for yielding and for his
leadership on this issue.
The Acting CHAIR. Mr. Chairman, I urge my colleagues to support the
Aderholt-Mulvaney-Barletta amendment. The amendment will completely
defund President Obama's unconstitutional power grab granting deferred
action status and work authorization to over 4 million unlawful aliens.
This policy threatens the separation of powers between Congress and the
executive branch and violates President Obama's obligation to take care
that the laws be faithfully executed.
In addition to barring the use of appropriated funds to carry out
this policy, the amendment will also bar President Obama from using
immigration user fees to accomplish his executive fiat.
Mr. Chairman, the amendment also defunds the Obama administration's
so-called prosecutorial discretion memos that have gutted immigration
enforcement within the United States, and the amendment defunds the
ability of illegal aliens to receive any Federal benefit based on these
policies.
Finally, the amendment makes clear that the defunded programs have no
statutory or constitutional basis and, therefore, have no legal effect.
I again urge my colleagues to support this very good amendment.
{time} 0930
Mr. PRICE of North Carolina. Mr. Chairman, I yield 2 minutes to the
gentleman from Illinois (Mr. Gutierrez), the chairman of the
Immigration Task Force of the Congressional Hispanic Caucus.
Mr. GUTIERREZ. Wow, time flies when you are playing politics with
people's lives. Just a year ago, as the Republican majority was rushing
off to their retreat, they had a very different story. Here it is:
House immigration reform, 2013. Goodlatte-Cantor working to
give legal status to kids. House GOP leaders embrace
immigration fix that includes status for undocumented.
Republicans see the light on immigration reform.
And what are the headlines today? Behold the Republican immigration
strategy: mass deportation.
One year ago--this is the difference in the headlines that your
party's public policy on immigration has caused. But wait, let's see
what you said in your principles:
It is time to provide an opportunity for legal residence
and citizenship for those who were brought to this country as
children through no fault of their own, those who knew no
other place as home.
Citizenship, legal residence for the undocumented youth--that was
your idea, one that we applauded and we accepted and we cheered on. And
1 year later, you want to take away from 600,000 DREAMers their right
to live in this country and to live legally. You want to deport them
all. What happened? What happened?
The Acting CHAIR. The Chair would remind the gentleman to direct
remarks to the Chair and not to other Members.
Mr. GUTIERREZ. Well, then let me say this. I just think if that is
what happened in 1 year, what are you going to come up with next year?
What is your game plan for next year if this is the kind of position
you have taken from one year to the next?
But let me just say this. The action you take today I know you
believe will cause fear and confusion and consternation in the
immigrant community throughout this Nation, thereby causing the failure
of the President's executive order because no one will sign up.
But let me tell you something. The fruits of your action today will
cause only anger and outrage and the mobilization of an immigrant
community throughout this Nation that will be the death knell of the
future of your party as a national institution. That is what you will
reap today with this.
Tonight, I will be with Congressman Cicilline, and I will be there
standing with the Catholic Diocese, with evangelicals, with men of
faith in Providence, Rhode Island, and people will come forward. Where
will the Republican Party be? Simply telling them that we cannot do
anything.
Mr. ADERHOLT. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Pennsylvania (Mr. Barletta), the cosponsor of this
amendment, who has been very helpful in crafting this amendment.
Mr. BARLETTA. Mr. Chairman, I rise in support of my amendment which I
coauthored with my colleagues. Its purpose is simple. We defund
President Obama's unlawful executive amnesty program for illegal
immigrants. As we know, the President announced it only 2 months ago.
But we also know that is not when this executive amnesty truly began.
It began in 2011 with the Morton memos. Those memos told officials not
to pursue certain broad categories of illegal immigrants.
Our amendment defunds the enforcement of those memos, and that goes
to the heart of the amnesty program. In short, these memos told
immigration officers to view the law the way President Obama wished it
had been written rather than how Congress actually wrote it. That is
the crux of this.
In the United States, we still have a legislative branch of
government. Our amendment defends it.
Mr. PRICE of North Carolina. Mr. Chairman, I yield 2 minutes to the
gentlewoman from California (Ms. Linda T. Sanchez), the chair of the
Congressional Hispanic Caucus.
Ms. LINDA T. SANCHEZ of California. Mr. Chairman, I rise today to
speak against H.R. 240, the venomous and dangerous Republican
appropriations bill for the Department of Homeland Security.
[[Page H377]]
This bill and its amendments pander to those in the Republican Party
who are unhappy with President Obama's executive action on immigration.
It is malicious and foolishly puts our country at risk. Republicans
brought this legislation under the guise of defending the Constitution,
but the President's actions are constitutional. The obstruction and
political games that Republicans are playing are the true behaviors
that need to be condemned.
Republicans aren't interested in offering solutions or working to
tackle the most pressing issues facing our country. How do I know?
Because instead of offering a long-term solution to fix our broken
immigration system, Republicans have opted to hold hostage funding for
one of the most critical agencies in our government. As they peddle
their malice about immigrants to pander to their base, they put our
national security at risk. We should be doing everything we can to
provide our security agencies with the support and the resources they
need to prevent attacks like the one that occurred in France last week.
Instead, Republicans are willing to withhold funding our national
security in order to send a message to the President.
And as if that weren't juvenile enough, this bill also attacks the
most vulnerable in our society. Republican amendments seek to
revictimize those who have suffered domestic violence, picking on one
of the groups least able to defend themselves. When I was a kid, we
just called that bullying.
Republicans are consciously targeting millions of families who work
hard, who contribute to their communities and are just trying to give
their children a chance at the American Dream. You know, that same
dream that many of our parents and grandparents had when they came to
this country.
Mr. Chairman, with this bill, Republicans are not just abandoning
basic humanity, they are also turning their backs on the economic
benefits that come with bringing these people out of the shadows.
We could grow our economy anywhere from $90 billion to $210 billion
over the next 10 years if we allow workers a chance to participate in
the formal economy.
This is a new Congress and a new opportunity to work together. As a
country, we are better than this. Shame on you.
Mr. ADERHOLT. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from South Carolina (Mr. Mulvaney), who is not only a
cosponsor of this amendment but who, again, was very instrumental in
this amendment taking place.
Mr. MULVANEY. Mr. Chairman, I am going to do something I don't
ordinarily do on this floor, which is implore my colleagues across the
aisle to please, please, please, support this amendment. Let's take
away for at least one day the ``R'' or the ``D'' from behind the
President's name. Let's take away the ``R'' or the ``D'' from behind
our names and look at this for what it is: a President doing something
he says he cannot do--make law--using the excuse that this body cannot
act so that he can. That is not how the system works, and it is wrong.
I am here today to tell you that if in the future a Republican
President does the same thing, I will be the first to be here with you
to stand against that, to fight back.
But today I implore you to please support the amendment even if you
are voting against the bill in order to send the message that law is
not made in the White House. Law is not made because Congress fails to
act. Law is made in this room when we do act, and every single time any
President violates that, he violates all of this institution.
Mr. PRICE of North Carolina. Mr. Chairman, may I inquire as to the
remaining time on both sides?
The Acting CHAIR. The gentleman from North Carolina has 2 minutes
remaining. The gentleman from Alabama has 4 minutes remaining.
Mr. ADERHOLT. Mr. Chairman, I yield 30 seconds to the distinguished
gentleman from California (Mr. LaMalfa).
Mr. LaMALFA. Mr. Chairman, our Nation's Constitution is clear.
Congress holds the power of the purse. There are no exceptions. There
is no asterisk, and there is no fine print. The Founders designed our
government in order to prevent these exact circumstances--a President
who ignores the law, refuses to work with Congress and intends to
govern unilaterally.
Whatever your views on the President's plan, it is the responsibility
of every Member of this House to support this amendment, to maintain
our representative government, and to uphold the framework of our
Republic.
Our immigration system isn't broken. It is just not being used.
Mr. PRICE of North Carolina. Mr. Chairman, I reserve the balance of
my time to close.
Mr. ADERHOLT. Mr. Chairman, I yield 30 seconds to the gentleman from
Alabama (Mr. Palmer), who is joining us from the Birmingham area and is
a new Member of the House of Representatives.
Mr. PALMER. Mr. Chairman, President Obama has created a
constitutional crisis by taking action that in his own words ``changes
the law.'' That power is not vested in the President. It is vested in
Congress, along with the power of the purse, as has been mentioned, to
take action when the executive branch overreaches.
This isn't about immigration policy. It is about defending and
upholding the Constitution. In that regard, this amendment defunds the
President's actions, and I am proud to support it.
Mr. ADERHOLT. Mr. Chairman, I yield 30 seconds to the gentleman from
Wisconsin (Mr. Sensenbrenner).
Mr. SENSENBRENNER. Mr. Chairman, 8 days ago Members of this House
said the following:
I do solemnly swear that I will support and defend the
Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion; and
that I will well and faithfully discharge the duties of the
office on which I am about to enter. So help me God.
This is a question of whether this House and its Members fulfill that
oath. We have a choice here. We can either agree with what the
President did or defend the Constitution. Vote ``aye.''
Mr. ADERHOLT. Mr. Chairman, I yield 30 seconds to the distinguished
gentleman from Arkansas (Mr. Westerman), a new Member to this body.
Mr. WESTERMAN. I thank the gentleman for yielding, and I rise in
support of this amendment.
Mr. Chairman, many of my constituents are much like me. We are ready
for a government that works like the one that we studied in civics
class, one with coequal branches of power.
Winston Churchill once stated that the price of greatness is
responsibility. As members of the legislative branch, voting ``yes''
for this amendment is a responsible step in the right direction.
Mr. PRICE of North Carolina. Mr. Chairman, I reserve the balance of
my time to close.
Mr. ADERHOLT. Mr. Chairman, again let me just say before the
gentleman closes, the amendment here before us today prevents any funds
appropriated, or user fees collected by any Federal agency, to be used
to carry out the executive actions that were announced on November 20,
2014, which would grant deferred action to an estimated 4 million
people in the country illegally and unlawfully.
Again, this goes back to a promise that was made by the Republican
House of Representatives at the end of last year, and we addressed this
issue saying that we would work on this issue, make a commitment to
address this issue of the President's action when this bill came to the
floor, and this is fulfilling that promise today.
Again, I would ask my colleagues to support this amendment.
I yield back the balance of my time.
{time} 0945
Mr. PRICE of North Carolina. Mr. Chairman, I yield myself such time
as I may consume.
I want to close by again thanking colleagues on both sides of the
aisle for the good work done on the underlying bill, our bipartisan,
bicameral negotiated agreement on Homeland Security.
It is really a shame that we are faced here today with an amendment
that has the potential to wreck this good bill and to damage the
Homeland Security Department so badly. Now, I don't say that lightly. I
think Members
[[Page H378]]
know I don't interject terms like ``poison pill'' into debates lightly;
but, believe me, that term applies to the amendment we are now
considering.
This amendment caters to every whim of the most extreme elements of
the Republican Conference. It doesn't just roll back the President's
recent executive action--which, by the way, is thoroughly grounded in
law and precedent. It goes beyond that. It rolls back in its entirety
the progress that has been made over many years on prioritizing
dangerous criminals for deportation and bringing common sense to our
deportation policy.
In pursuing this political vendetta, Republicans are putting at risk
a full-year funding bill, worked out months ago, for the Department of
Homeland Security, and they are doing that at a time of heightened
alert.
Mr. Chairman, this is an egregious abuse, probably the worst I have
ever seen, of the appropriations process. More than that, it is a
reprehensible, reckless tactic which will compromise--has already
compromised--the full and effective functioning of our Homeland
Security Department and puts the security of our country at risk.
This amendment richly deserves our rejection, and I yield back the
balance of my time.
Ms. JACKSON LEE. Mr. Chair, I rise in opposition to the Aderholt-
Mulvaney-Barletta Amendment to H.R. 240, the Fiscal Year 2015 Homeland
Security Appropriations Act.
I oppose the amendment because it is nothing more than the Republican
majority's latest partisan attack on the President and another
diversionary tactic to avoid addressing the challenge posed by the
nation's broken immigration system.
The President will veto the underlying bill if the Aderholt Amendment
is adopted so I urge my colleagues to defeat this irresponsible
amendment which has the potential to put the security of our homeland
at risk.
House Republicans are playing a dangerous game of Russian Roulette
with the security of America's homeland by recklessly adding this
``poison pill'' to legislation needed to fund the agencies and programs
charged with securing the border and protecting the homeland.
Mr. Chair, the Aderholt Amendment seeks to prohibit the executive
branch from exempting or deferring from deportation any immigrants
considered to be unlawfully present in the United States under U.S.
immigration law, and to prohibit the administration from treating those
immigrants as if they were lawfully present or had lawful immigration
status.
The amendment bill seeks to make January 9, 2015 the effective date
of these prohibitions--thereby retroactively blocking the executive
actions taken President Obama to address our broken immigration system
by providing smarter enforcement at the border, prioritize deporting
felons--not families--and allowing certain undocumented immigrants,
including the parents of U.S. citizens and lawful residents, who pass a
criminal background check and pay taxes to temporarily stay in the U.S.
without fear of deportation.
Mr. Chair, let me briefly discuss why the executive actions taken by
President Obama are reasonable, responsible, and within his
constitutional authority.
Under Article II, Section 3 of the Constitution, the President, who
is the nation's Chief Executive, ``shall take Care that the Laws be
faithfully executed.''
In addition to establishing the President's obligation to execute the
law, the Supreme Court has consistently interpreted the Take Care
Clause as ensuring presidential control over those who execute and
enforce the law and the authority to decide how best to enforce the
laws. See, e.g., Arizona v. United States; Bowsher v. Synar; Buckley V.
Valeo; Printz v. United States; Free Enterprise Fund v. PCAOB.
Every law enforcement agency, including the agencies that enforce
immigration laws, has ``prosecutorial discretion''--the power to decide
whom to investigate, arrest, detain, charge, and prosecute.
Agencies, including the U.S. Department of Homeland Security (DHS),
may develop discretionary policies specific to the laws they are
charged with enforcing, the population they serve, and the problems
they face so that they can prioritize resources to meet mission
critical enforcement goals.
Executive authority to take action is thus ``fairly wide,'' indeed
the federal government's discretion is extremely ``broad'' as the
Supreme Court held in the recent case of Arizona v. United States, 132
S. Ct. 2492, 2499 (2012), an opinion written Justice Kennedy and joined
by Chief Justice Roberts:
Congress has specified which aliens may be removed from the
United States and the procedures for doing so. Aliens may be
removed if they were inadmissible at the time of entry, have
been convicted of certain crimes, or meet other criteria set
by federal law. Removal is a civil, not criminal, matter. A
principal feature of the removal system is the broad
discretion exercised by immigration officials. Federal
officials, as an initial matter, must decide whether it makes
sense to pursue removal at all. If removal proceedings
commence, aliens may seek asylum and other discretionary
relief allowing them to remain in the country or at least to
leave without formal removal. (emphasis added) (citations
omitted).
The Court's decision in Arizona v. United States, also strongly
suggests that the executive branch's discretion in matters of
deportation may be exercised on an individual basis, or it may be used
to protect entire classes of individuals such as ``[u]nauthorized
workers trying to support their families'' or immigrants who originate
from countries torn apart by internal conflicts:
Discretion in the enforcement of immigration law embraces
immediate human concerns. Unauthorized workers trying to
support their families, for example, likely pose less danger
than alien smugglers or aliens who commit a serious crime.
The equities of an individual case may turn on many factors,
including whether the alien has children born in the United
States, long ties to the community, or a record of
distinguished military service.
Some discretionary decisions involve policy choices that
bear on this Nation's international relations. Returning an
alien to his own country may be deemed inappropriate even
where he has committed a removable offense or fails to meet
the criteria for admission. The foreign state may be mired in
civil war, complicit in political persecution, or enduring
conditions that create a real risk that the alien or his
family will be harmed upon return.
The dynamic nature of relations with other countries
requires the Executive Branch to ensure that enforcement
policies are consistent with this Nation's foreign policy
with respect to these and other realities.
Mr. Chair, in exercising his broad discretion in the area of removal
proceedings, President Obama has acted responsibly and reasonably in
determining the circumstances in which it makes sense to pursue removal
and when it does not.
In exercising this broad discretion, President Obama not done
anything that is novel or unprecedented.
Here are a just a few examples of executive action taken by several
presidents, both Republican and Democratic, on issues affecting
immigrants over the past 35 years:
1. In 1980, President Jimmy Carter exercised parole authority to
allow Cubans to enter the U.S., and about 123,000 ``Mariel Cubans''
were paroled into the U.S. by 1981.
2. In 1987, President Ronald Reagan used executive action in 1987 to
allow 200,000 Nicaraguans facing deportation to apply for relief from
expulsion and work authorization.
3. In 1990, President George H.W. Bush issued an executive order that
granted Deferred Enforced Departure (DED) to certain nationals of the
People's Republic of China who were in the United States.
4. In 1992, President George H.W. Bush granted DED to certain
nationals of El Salvador.
5. In 1997, President Bill Clinton issued an executive order granting
DED to certain Haitians who had arrived in the United States before
Dec. 31, 1995.
6. In 2010 the Obama administration began a policy of granting parole
to the spouses, parents, and children of military members.
Mr. Chair, because of the President's leadership and far-sighted
executive action, 594,000 undocumented immigrants in my home state of
Texas are eligible for deferred action.
If these immigrants are able to remain united with their families and
receive a temporary work permit, it would lead to a $338 million
increase in tax revenues, over five years.
Mr. Chair, the President's laudable executive actions are a welcome
development but not a substitute modernizing the nation's immigration
laws. Only Congress can do that.
America's borders are dynamic, with constantly evolving security
challenges. Border security must be undertaken in a manner that allows
actors to use pragmatism and common sense.
And as shown by the success in the last Congress of H.R. 1417, the
bipartisan ``Border Security Results Act, which I helped to write and
introduced along with the senior leaders of the House Homeland Security
Committee, we can do this without putting the nation at risk or
rejecting our national heritage as a welcoming and generous nation.
This legislation has been incorporated in H.R. 15, the bipartisan
``Border Security, Economic Opportunity, and Immigration Modernization
Act,'' legislation which reflects nearly all of the core principles
announced professed last year by House Republicans.
As a nation of immigrants, the United States has set the example for
the world as to what can be achieved when people of diverse
backgrounds, cultures, and experiences come together.
[[Page H379]]
It is now time to open the golden symbolized by Lady Liberty's lamp
to the immigrant community of today so they can participate fully in
the American Dream.
These loyal and law-abiding persons have been waiting patiently for
far too long for their chance.
We can and should seize this historic opportunity pass legislation to
ensure that we have in place adequate systems and resources to secure
our borders while at the same preserving America's character as the
most open and welcoming country in the history of the world and to reap
the hundreds of billions of dollars in economic productivity that will
result from comprehensive immigration reform.
President Obama has acted boldly, responsibly, and compassionately in
exercising his constitutional authority to enforce the immigration laws
in an effective and humane manner.
If congressional Republicans, who refused to debate comprehensive
immigration reform legislation for more than 500 days, disapprove of
the lawful actions taken by the President, an alternative course of
action is readily available to them: pass a bill and send it to the
President for signature.
The President has shown responsible leadership. The next move is for
congressional Republicans to stop playing Russian Roulette with the
security of America's homeland and bring to the floor a clean Homeland
Security spending bill that the President can sign into law.
I urge all Members to join me in opposing the rule and the underlying
bill.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alabama (Mr. Aderholt).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. PRICE of North Carolina. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Alabama will
be postponed.
Amendment No. 2 Offered by Mrs. Blackburn
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part B of House Report 114-2.
Mrs. BLACKBURN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. ___. (a) No funds, resources or fees made available to
the Secretary of Homeland Security, or to any other official
of a Federal agency, by this Act or any other Act for any
fiscal year, including any deposits into the ``Immigration
Examinations Fee Account'' established under section 286(m)
of the Immigration and Nationality Act (8 USC 1356(m)), may
be used to consider or adjudicate any new, renewal or
previously denied application for any alien requesting
consideration of deferred action for childhood arrivals, as
authorized by the Executive memorandum dated June 15, 2012,
and effective on August 15, 2012 (or any substantially
similar policy changes issued or taken on or after January 9,
2015, whether set forth in memorandum, Executive order,
regulation, directive, or by other action).
(b) The budgetary effects of this section shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(c) Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects
of this section shall not be estimated--
(1) for purposes of section 251 of the such Act; and
(2) for purposes of paragraph 4(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
The Acting CHAIR. Pursuant to House Resolution 27, the gentlewoman
from Tennessee (Mrs. Blackburn) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from Tennessee.
Mrs. BLACKBURN. Mr. Chair, I yield myself such time as I may consume.
I rise today in support of my amendment to freeze the President's
Deferred Action for Childhood Arrivals program, which was unlawfully
created by executive memo on June 15, 2012.
My amendment prohibits Federal funding, fees, or resources from being
used to consider or adjudicate any new, renewal, or previously denied
application for any alien requesting consideration for deferred action.
Article I, section 8, clause 4 states that the Congress shall have
power ``to establish an uniform rule of naturalization''--Congress, not
the Executive. President Obama has circumvented Congress and
unilaterally rewritten immigration law from the Oval Office.
A Federal judge in Pennsylvania said President Obama's amnesty is
unconstitutional and that, number one, ``Inaction by Congress does not
make unconstitutional executive action constitutional''; and, number
two, ``Executive action goes beyond prosecutorial discretion. It is
legislation.'' That is the reason we bring the amendment.
At this time, I yield 1 minute to the gentleman from Virginia (Mr.
Goodlatte), chairman of the House Judiciary Committee.
Mr. GOODLATTE. Mr. Chairman, I thank the gentlewoman for yielding,
and I strongly support her amendment to H.R. 240, which prohibits
Federal funding or resources from being used to adjudicate any new,
renewal, or previously denied application for the President's Deferred
Action for Childhood Arrivals program. It is that simple.
The President's DACA program, announced by the President and the
Secretary of the Department of Homeland Security on June 15, 2012,
violates the laws Congress has written and is a usurpation of the
plenary authority over immigration law that article I, section 8,
clause 4 of the United States Constitution confers upon the legislative
branch.
For these reasons, I urge my colleagues to support the gentlewoman's
amendment to defund DACA.
Mr. CONYERS. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. CONYERS. Mr. Chair, I am very disturbed by the nature of this
Blackburn amendment because it would prevent the use of Federal funds
or resources to consider or adjudicate any new, renewal, or any
previously denied application for Deferred Action for Childhood
Arrivals, DACA, or any subsequently similar program. This amendment is
similar to the same Blackburn bill that passed the House in August of
2014.
This amendment clearly terminates the DACA program, the DREAMers,
ladies and gentlemen, my colleagues. The amendment prevents new persons
from applying for DACA and explicitly prohibits further efforts to
renew deferred action under this amendment.
Hundreds of thousands of young people who came forward, passed
background checks, obtained DACA, and have since followed the law would
be deportable at the end of their 2-year deferred action period. This
is serious; it is dangerous.
The amendment is anti-immigrant and antifamily. This is a vote to
deport DREAMers. These applicants who have applied have positive
impacts on both job growth and economy.
The amendment would leave DACA applicants without work authorization
and would expose many of them to deportation to a country that they
don't even know. We should be passing legislation to keep DACA
recipients in our country because they have a net impact on our
communities.
The amendment is one more of the same anti-immigrant-type rhetoric
that has dominated conservatives and is further evidence that the
majority is not interested in fixing our broken immigration system, but
is only interested in penalizing members of our community who seek to
work, go to school, and remain with their family.
I reserve the balance of my time.
Mrs. BLACKBURN. Mr. Chairman, at this time, I yield 1 minute to the
gentleman from Pennsylvania (Mr. Marino), who is one of our Members who
had truly a significant career as a prosecutor before coming to this
Chamber.
Mr. MARINO. Mr. Chairman, I rise in support of the Blackburn
amendment today.
The amendment prevents funding from going towards the Deferred Action
for Childhood Arrivals program, known as DACA. Make no mistake about
it, this program has become a magnet for drawing children from Central
America, further putting thousands of children's lives at risk as they
embark on a very dangerous journey, which does not only include unsafe
conditions, but they are also vulnerable to abuse along the way. This
program must be shut down.
[[Page H380]]
My colleagues on the other side of the aisle are not telling the
American people that Homeland Security is fully funded. As a matter of
fact, it has funded more than $1 billion than the President asked for
and more than $400 million from last year.
If Homeland Security gets shut down, it is because the President
vetoes the budget because he cannot get his way on amnesty for illegal
aliens.
Mr. CONYERS. Mr. Chairman, I yield the balance of my time to the
gentleman from Illinois (Mr. Gutierrez).
Mr. GUTIERREZ. Mr. Chairman, I thank Congressman Conyers.
I just want to go back one moment, so that we can be very clear about
this because I think we need to understand the difference between the
rhetoric of today and the rhetoric of 1 year ago.
This is 1 year ago:
One of the greatest founding principles of our country was
that children would not be punished for the mistakes of their
parents.
I didn't write this. No one on our side of the aisle wrote this. I
wish I would have. I am sure we would have all been proud to have been
coauthors or cosponsors of that statement.
What happened? What happened? What happened to that principle? You
just gave it up, it doesn't mean anything to you anymore, you don't
care about children, you think children should be held responsible for
the actions of their parents? Because that is precisely what you are
saying today, because 600,000 young people came forward and did exactly
this.
Then, wait a minute, it gets better because you said--and we were so
happy because we thought we were moving forward because we thought the
Republican Party was finally turning a page. You said:
It is time to provide an opportunity for legal residence
and citizenship for those who were brought to this country as
children.
What happened? I want one of you to deny that this isn't one of the
principles you took into your conference last year. It is what you
took. What happened 1 year later?
Well, you know, here is what happened, I think. You guys always say
the same thing: Oh, it is that King from Iowa. He tricks us at the last
second. He brings in one of these poisonous things, and there is
nothing we can do about it.
Well, what excuse do you have today, when you did it with all the
premeditation and thoughtfulness and viciousness to bring this
amendment forward with the support of your complete Conference? This is
not a surprise. You thought this out.
Where are you going to move the country forward to?
Let me just tell you about one number--yeah, there are 600,000--it is
270, that is the electoral college. It is the number it takes to elect
the President of the United States. You are out of reach there.
The Acting CHAIR (Mrs. Black). The Chair would ask Members to direct
their remarks to the Chair.
Mrs. BLACKBURN. Madam Chairman, how much time is remaining on each
side?
The Acting CHAIR. The gentlewoman from Tennessee has 2 minutes
remaining. The gentleman from Michigan's time has expired.
Mrs. BLACKBURN. Thank you, Madam Chairman.
I yield myself such time as I may consume.
Let's talk about a couple of these things. The Democrats like to say,
Madam Chairman, that this is radical.
Let me ask you a question, let me ask my colleagues a question: Is it
radical to support the rule of law? Is it radical to fight for American
workers who are going to lose their jobs to illegal aliens? Is it
radical to prioritize legal immigrants that are coming to this country?
Is it radical to try to protect children that are in this program via
the Office of Refugee Resettlement?
Democrats are over there saying that Republicans are playing politics
with national security. Let me ask you another question: Why were they
saying nothing this summer when the southern border was being overrun
with all sorts of trafficking--human trafficking, sex trafficking,
weapons trafficking, drug trafficking?
Here are the facts. DACA became effective August 15, 2012. In fiscal
year 2014, the Office of Refugee Resettlement released 53,518
unaccompanied children here in the U.S. It is a magnet.
Seventy-five percent of all Americans reject the Obama executive
amnesty. Eighty percent of Americans don't want foreign workers taking
jobs from Americans.
Those are the facts, Madam Chairman.
To my colleagues, that is why we are here. We have two choices. We
are either a Nation of laws or we are lawless.
President Obama is turning every State into a border State, every
town into a border town; and unfortunately, the lawless amnesty has
taken Democrats from the party of ``yes, we can'' to acting like the
party of ``because we can.''
With that, Madam Chairman, I yield back the balance of my time.
Ms. JACKSON LEE. Madam Chair, I rise in opposition to the Blackburn
Amendment to H.R. 240, the Fiscal Year 2015 Homeland Security
Appropriations Act.
I oppose the amendment because it is nothing more than the Republican
majority's latest partisan attack on the President and another
diversionary tactic to avoid addressing the challenge posed by the
nation's broken immigration system.
The President will veto the underlying bill if the Blackburn
Amendment is adopted so I urge my colleagues to defeat this
irresponsible amendment which has the potential to put the security of
our homeland at risk.
The Blackburn Amendment would prohibit U.S. Immigration and Customs
Enforcement (ICE) from using federal funds to implement enforcement
guidance governing the exercise of prosecutorial discretion to ensure
that scarce resources are targeted toward aliens who pose a danger to
national security or a risk to public safety and not wasted on Dream
Act children who pose no threat to our nation.
I oppose the Blackburn Amendment because it is hypocritical,
irresponsible, and mean-spirited.
It is hypocritical because supporters of the amendment regularly
claim that their refusal to compromise on budget issues and their
support for sequestration is motivated by their belief in the
importance of setting spending priorities.
Yet, the Blackburn Amendment would deny ICE the ability to use its
limited resources in the most efficient manner to achieve its highest
priorities which are apprehend, detain, and remove aliens who pose a
danger to national security or a risk to public safety.
The Blackburn Amendment is irresponsible because it seeks to prevent
trained, experienced, and professional agents and prosecutors from
exercising their discretion and acting on the basis of what everyone
knows to be true: that there is a vast difference between a terrorist
bent on harming America and DREAM Act kid studying hard in school so he
or she can graduate and join the Armed Services and willingly risk his
or her life to defend the country.
This inefficient use of resources wastes taxpayer dollars and does
nothing to keep America safe.
Third, the Blackburn Amendment is mean-spirited because it would have
ICE target its limited resources on innocent, law abiding, young people
who were brought to this country as children and would have them
deported to a foreign land even though America is the country they know
as home and the only to which they have ever pledged allegiance.
As Member of Congress, I have traveled many times to Iraq and
Afghanistan and always the highlight of my visit was meeting the young
men and women who are willingly risking their lives to defend the
country they love more than life.
Right now, at this very moment, there are thousands of soldiers
fighting for us in Afghanistan and elsewhere who are not yet American
citizens but who dream that one day they will become citizens of the
nation they gladly risk their lives to defend.
The Blackburn Amendment, however, would have ICE agents and
prosecutors pretend to see no difference between someone like these
veterans who came to this country as an undocumented immigrant and an
alien engaged in or suspected of espionage or terrorism.
The Blackburn Amendment wastes the money of hard-working taxpayers.
It does nothing to make America safer.
And, just as bad, it is inconsistent with American values of justice
and fair play.
Madam Chair, as a nation of immigrants, the United States has set the
example for the world as to what can be achieved when people of diverse
backgrounds, cultures, and experiences come together.
It is now time to open the golden symbolized by Lady Liberty's lamp
to the immigrant community of today so they can participate fully in
the American Dream.
Instead of passing irresponsible measures like the Blackburn
Amendment, we should instead seize this historic opportunity pass
legislation to ensure that we have in place adequate systems and
resources to secure our
[[Page H381]]
borders while at the same preserving America's character as the most
open and welcoming country in the world and to reap the hundreds of
billions of dollars in economic productivity that will result from the
passage of comprehensive immigration reform legislation.
I urge all Members to join me in opposing the Blackburn Amendment.
{time} 1000
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Tennessee (Mrs. Blackburn).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. LOFGREN. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Tennessee
will be postponed.
Amendment No. 3 Offered by Mr. DeSantis
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 114-2.
Mr. DeSANTIS. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. ___. (a) No funds or fees made available to the
Secretary of Homeland Security by this Act or any other Act
for any fiscal year may be used to implement, administer,
enforce, or carry out (including through the issuance of any
regulations) any policy relating to the apprehension,
detention, or removal of aliens that does not treat any alien
convicted of any offense involving domestic violence, sexual
abuse, child molestation, or child exploitation as within the
categories of aliens subject to the Department of Homeland
Security's highest civil immigration enforcement priorities.
(b) The budgetary effects of this section shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(c) Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects
of this section shall not be estimated--
(1) for purposes of section 251 of the such Act; and
(2) for purposes of paragraph 4(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
The Acting CHAIR. Pursuant to House Resolution 27, the gentleman from
Florida (Mr. DeSantis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. DeSANTIS. Madam Chair, I yield 2 minutes to the gentlewoman from
Alabama (Mrs. Roby).
Mrs. ROBY. I thank the gentleman for yielding.
Madam Chair, I rise today in support of H.R. 240, the Homeland
Security Appropriations Act, and to offer this amendment alongside my
colleague, Mr. DeSantis of Florida.
If we are going to fix a broken immigration law, the way to do it is
to uphold the rule of law, not undermine it. President Obama has
offered amnesty to millions of illegal immigrants. That not only
undermines the rule of law, it threatens American jobs. It is dangerous
and irresponsible.
I am proud to have worked alongside my colleagues, including Mr.
Aderholt from Alabama, to get this bill to the floor today so that we
can responsibly fund the Department of Homeland Security but also
defund the President's unlawful executive amnesty.
Madam Chair, do you want a great example of why the President acting
unilaterally to circumvent Congress is a bad idea? Well, this amendment
that we offer today demonstrates that.
Right now, illegal immigrants convicted of child abuse, sexual
offenders, and domestic abusers, are not a top priority for deportation
in this country. This amendment simply makes them a priority for
deportation. This is an example as to why the President circumventing
Congress is not only a bad idea, but it undermines the law.
I ask my colleagues to not only support this very important
amendment, but also to support the underlying bill that uses the power
of the purse. It is Congress' responsibility to defund the unlawful,
unconstitutional acts of this President and his executive amnesty.
Ms. LOFGREN. Madam Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentlewoman from California is recognized for 5
minutes.
Ms. LOFGREN. Madam Chair, I yield myself 2 minutes.
This amendment is unnecessary and harmful. The memorandum issued by
the Department of Homeland Security already makes people convicted of
these crimes ineligible for deferred action and already makes them top
priorities for deportation.
So, at best, this amendment is duplicative, but it does something
else. In the memorandum there is this proviso:
In evaluating whether the offense is a significant
misdemeanor involving domestic violence, careful
consideration should be given to whether the convicted alien
was also the victim of domestic violence. If so, this should
be a mitigating factor.
This amendment leaves that out. And so that is why so many supporters
of services to domestic violence victims are opposing this amendment.
That includes the National Task Force to End Sexual and Domestic
Violence, the U.S. Conference of Catholic Bishops, the law enforcement
officers group. They all oppose this amendment because they say it will
make victims of domestic violence less able to seek help, less willing
to call the police, and more likely to remain victims of domestic
violence.
Let me make it clear. People who are convicted of aggravated
felonies, which includes child molestation, child pornography, rape, or
any crime of violence, are a top priority for deportation. They are
excluded from relief under what the President did, as are significant
misdemeanors, which includes convictions of domestic violence.
So this is really much simpler than it looks. This is trying to
correct a problem that does not exist, but also creates a problem for
domestic violence victims in the solution to a nonproblem.
Madam Chair, I yield to the gentleman from Texas (Mr. Gene Green) for
a unanimous consent request.
(Mr. GENE GREEN of Texas asked and was given permission to revise and
extend his remarks.)
Mr. GENE GREEN of Texas. Madam Chair, I rise in support of a clean
Homeland Security Appropriations bill that has bipartisan support and
oppose the Republican amendments.
Madam Chair, I rise in support of passage of a clean Homeland
Security Appropriations bill that has bipartisan support and will
ensure the security of the American people and in opposition to the
Republican Amendments to this legislation, most notably the Aderholt
and Blackburn Amendments.
The Aderholt Amendment would bar the use of any funds to expand the
DACA program, which has helped thousands of young people in my district
in North and East Houston and Harris County come out of the shadows and
be able to go to college and get a job without fear of deportation, as
well as the Administration's recently announced DAPA initiative, which
would similarly help up to 5 million immigrants who are parents and
spouses of U.S. Citizens, who will be required to get right with the
law and pay back taxes before receiving relief.
The Blackburn Amendment would end the DACA program, deporting
hundreds of thousands of DREAMer young people who were brought to this
country as children and know no other home.
These amendments serve as nothing more than poison pills that will
ruin months of bipartisan work by the Appropriations Committee and
endanger funding for the very agencies that protect our country from
terrorists, drug cartels, and organized crime and harm millions of
immigrants who simply want to get right with the law and a fair,
transparent path to legalization and earned citizenship.
The whole world saw the horrific acts of terrorism in Paris and
France last week which resulted in the deaths of 17 innocent people,
including 3 police officers, by 4 suspects who are believed to have
connections with al Qaeda.
In this time of heightened security concerns, the last thing this
chamber should contemplate is another fabricated funding crisis.
The Obama Administration has already announced its support of the
bill, as introduced, and will sign this must-pass legislation into law
immediately.
I call on my colleagues to support the clean passage of the
underlining legislation, oppose these cynical amendments, and to join
me in calling for this Congress to take on comprehensive immigration
reform and fix our broken immigration system once and for all.
[[Page H382]]
Ms. LOFGREN. Madam Chair, I reserve the balance of my time.
Mr. DeSANTIS. Madam Chair, I yield 1 minute to the gentleman from
Virginia (Mr. Goodlatte), the chairman of the House Judiciary
Committee.
Mr. GOODLATTE. I thank the gentleman for yielding and for the work he
and Mrs. Roby did on this amendment. I urge my colleagues to support
the amendment.
Madam Chair, this amendment simply requires the Department of
Homeland Security to treat any alien convicted of any offense involving
domestic violence, sexual abuse, child molestation, or child abuse or
exploitation as a top priority for immigration enforcement.
Unfortunately, the current priorities created by the Obama
administration on November 20, 2014, treat certain aliens convicted of
domestic violence, convicted of sexual abuse, or convicted of
exploitation as a secondary priority.
While aliens convicted of a ``significant misdemeanor,'' such as
domestic violence, sexual abuse, or exploitation, are deemed a
secondary priority for removal, they can stay in the United States in
contravention of duly enacted law if they simply show ``factors''
warranting release.
The amendment corrects these irresponsible policies of the Obama
administration and ensures that criminal aliens convicted of domestic
violence and sexual abuse are treated as top priorities for removal.
For these reasons, I urge my colleagues to support this amendment.
Ms. LOFGREN. Madam Chair, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the Democratic leader.
Ms. PELOSI. Madam Chair, I thank the gentlelady for yielding and for
her exceptional leadership, as well as that of the ranking member of
the full committee, Mr. Conyers, and the work of your staff to bring
the facts to the fore on this subject.
I rise in opposition to all of these amendments for reasons I spelled
out for half an hour last night. Not to go into them again, but I want
to say how disconcerting this is after we have seen the President act
with authority under the law and also according to precedent of every
President, Democratic and Republican, since President Eisenhower. That
is why it is very disturbing to see the Speaker of the House saying
President Obama has submitted his legacy of lawlessness.
Legacy of lawlessness. Was President Reagan lawless? Was President
George Herbert Walker Bush lawless? Was President George W. Bush
lawless? I never heard him say that about any executive actions taken
by them.
I rise in opposition to all of these amendments, specifically, to the
DeSantis amendment. Opposition is contained in a letter from the
National Catholic Conference of Bishops. On behalf of the bishops, they
write to ask that we oppose immigration-related amendments in the bill.
Specifically to DeSantis, they say:
Representative DeSantis' immigration amendment would
prevent the Department of Homeland Security from implementing
its memoranda setting civil immigration enforcement
priorities. While presented as a measure that helps domestic
violence victims, we fear that it actually would discourage
many such victims from reporting abuse. Immigrants face
obstacles to reporting crimes that have been perpetrated
against them. This amendment would perpetuate this problem.
So I urge our colleagues to vote ``no'' on all of the amendments, and
I call to their attention the letter from the bishops urging a ``no''
vote on the amendments, which I will submit for the Record.
Committee on Migration,
Washington, DC, January 13, 2015.
Dear Representative: On behalf of the U.S. Conference of
Catholic Bishops (USCCB) Committee on Migration, I write to
ask that you oppose immigration-related amendments to H.R.
240, the Fiscal Year 2015 Department of Homeland Security
(DHS) Appropriations Act which are being offered by
Representatives Aderholt, Blackburn, and DeSantis,
respectively. I urge your opposition to these amendments,
which attempt to defund and block implementation of the
Administration's executive actions on immigration taken on
November 20th to help keep immigrant families with U.S.
Citizen and Legal Permanent Resident children together, as
well as block continued implementation of the
Administration's Deferred Action for Childhood Arrivals
(DACA) initiative.
Representative Aderholt's immigration amendment would bar
the use of funds for nearly all of the Administration's
November 20th Executive Actions on Immigration and undermine
numerous Department of Homeland Security (DHS) memos that
outline deportation priorities and prosecutorial discretion.
Representative Aderholt's amendment would place millions of
hard-working immigrant families in peril and perpetuate
situations of family separation. In addition, this amendment
would upend existing DHS deportation and discretion
priorities and force millions of undocumented people to
return to living in the shadows to avoid new draconian
deportation priorities. Representative Aderholt's amendment
would cause immigrant families to suffer great harm and would
frustrate the existing administration of immigration laws.
Representative Blackburn's immigration amendment would
effectively repeal the Deferred Action Childhood Arrival
(DACA) program by denying funds to new, previously denied,
and renewal DACA applications. The amendment would therefore
affect hundreds of thousands of hard-working ambitious
immigrant children. As you know, DACA has benefited youth who
have been able to work and pursue education, thus helping
them to reach their potential and contribute to our nation.
Forcing these children back into the shadows and exposing
them to the threat of deportation would undermine their
future contributions to our nation, and treat them as
criminals in the only homeland they have ever known.
Representative DeSantis's immigration amendment would
prevent DHS from implementing its memoranda setting civil
immigration enforcement priorities. While presented as a
measure that helps domestic violence victims, we fear that it
actually would discourage many such victims from reporting
abuse. Immigrants face obstacles to reporting crimes that
have been perpetrated against them. This amendment would
perpetuate this problem.
In our churches and in our parishes, we see firsthand the
devastation of family separation and the family breakdown
that results from such separation. For this reason, we
strongly oppose these amendments and ask that you vote
against them. Should any of them be agreed to, we would ask
that you oppose the underlying bill. Instead, we urge you to
pass just and humane immigration reform legislation that
addresses all aspects of our broken immigration system. Such
legislation is the best solution to our currently broken
system. We welcome the opportunity to work with this Congress
to fix our immigration system through comprehensive
legislative means. We stand ready to work with the leaders of
both parties to protect poor and vulnerable people, promote
human life and dignity, and advance the common good.
Finally, we are deeply disappointed that the version of
H.R. 240 being brought to the House floor excludes prolife
language that the House has included in its draft Homeland
Security appropriations bills in recent years. This provision
simply maintains the longstanding ban on use of DHS funds for
abortions, a necessary step because DHS funds are no longer
covered by the abortion funding ban contained in the
Commerce/Justice/Science appropriations bills. We strongly
urge that this important provision be restored to the bill
before it is taken up by the full House, or that an amendment
restoring it be made in order on the House floor.
Thank you for your consideration of our requests.
Sincerely,
Most Reverend Eusebio Elizondo,
Auxiliary Bishop of Seattle,
Chairman, USCCB Committee on Migration.
Ms. PELOSI. Again, what is disturbing about this is that you may have
a difference of opinion about immigration or this or that, but don't
describe the President as lawless and to use the Constitution as the
basis for this debate when, in fact, the courts have upheld the rights
of our Presidents to take executive action in relationship to
protecting immigrants in our country--every President, Democratic and
Republican, from President Eisenhower to the present.
I urge a ``no'' vote on all of the amendments, particularly, in this
case, the DeSantis amendment.
Mr. DeSANTIS. Madam Chair, I yield myself the balance of my time.
The President likes to say that he wants to focus all of our
resources on the criminals, and yet, over the last 2 years, by DHS' own
figures, this administration has released 66,000 individuals who have
been criminally convicted in our country and who are illegally in our
country. The number of crimes and the quality of crimes is stunning:
some are homicides; some are rapes; some are drug trafficking.
I think you have seen a record developed over the last several years
that has put the public safety at risk, so I am perplexed why someone
would oppose this amendment. If somebody is convicted of molesting a
child, maybe it doesn't qualify under the highest priority. The
administration wants to dismiss it as a significant misdemeanor. Why
would we have any tolerance for child molestation? If you are not in
our
[[Page H383]]
country legally and you get convicted of an offense like that, you
should be gone.
We shouldn't even be discussing this. And the fact of the matter is,
as a prosecutor, you have to make some tough decisions. You may not be
able to put a young child victim on the stand. You may have problems
with evidence, and you may have to do a plea to a lesser charge because
of the family's concerns and because of what that could do to a victim.
That perpetrator is no less dangerous to our community and to our
society.
So I think the people that are going to vote ``no'' on this are
basically saying we don't want a zero-tolerance policy against child
molesters and sexual offenders. I don't care what offense it is, if you
touch a child, you are here illegally, you are gone.
I urge people to vote in favor of this amendment, and I yield back
the balance of my time.
Ms. LOFGREN. Madam Chair, I yield 2 minutes to the gentlewoman from
Maryland (Ms. Edwards).
Ms. EDWARDS. I thank the gentlewoman for yielding time.
I will enter in the Record a letter from the National Task Force to
End Sexual and Domestic Violence Against Women opposing the DeSantis-
Roby amendment.
National Task Force To End Sexual and Domestic Violence
Against Women,
January 12, 2015.
Dear Representative: As the Steering Committee of the
National Task Force to End Sexual and Domestic Violence
(``NTF''), comprised of national leadership organizations
advocating on behalf of sexual and domestic violence victims
and women's rights, we write in opposition to the Aderholt
and DeSantis amendments to the Department of Homeland
Security appropriations bill. These amendments are overly
broad, sweep large numbers of victims into their scope and
ignore the best interests of victims and their children.
We recently celebrated the twentieth anniversary of the
bipartisan Violence Against Women Act (``VAWA''), which has,
since it was first enacted, included critical protections for
immigrant victims of domestic and sexual violence. The
proposed amendments serve to undermine protections from
removal for victims of domestic and sexual violence and
undercut the spirit of VAWA.
We strongly urge you to vote NO on the following
amendments:
DeSantis Amendment
What it does:
This amendment prevents ICE from implementing the new
detention and deportation priorities set in the November 20,
2014 Executive Action memo regarding Policies for the
Apprehension, Detention and Removal of Undocumented
Immigrants by preventing its implementation.
This amendment disallows funding to support implementation,
administration, enforcement, or carrying out of any policy
that does not prioritize enforcement against those with
domestic violence, and sexual abuse, and child abuse
convictions. In particular, the November 20th guidance
recognizes that immigrant victims of domestic violence may be
convicted of violence themselves, and the amendment removes
DHS discretion to consider the facts underlying the
conviction.
How it affects victims of domestic and sexual violence:
Victims of domestic violence often do not seek help when
they know that the consequences to the perpetrator (for
example, a spouse or parent, or perhaps other family member)
may result in the perpetrator's deportation. This often takes
place due to their financial dependence, and even close
relationship to the perpetrator. As a result, this amendment
will discourage victims from seeking help, reducing reporting
and prosecution of crimes, creating communities that are less
safe and in which victims are more likely to endure abuse.
Immigrant victims are vulnerable to being arrested and
prosecuted for domestic violence, even when they are not the
primary perpetrator of violence in the relationship. This
frequently happens due to language and cultural barriers.
Often, victims are desperate to be released and reunited with
their children upon arrest and/or during trial. These
factors--combined with poor legal counsel, particularly about
the immigration consequences of criminal pleas and
convictions--have in the past and will likely continue to
lead to deportation of wrongly accused victims who may have
pled to or been unfairly convicted of domestic violence
charges.
The vast majority of sexual abuse, child exploitation and
domestic violence convictions already fall within the highest
priorities for enforcement; this amendment removes DHS
discretion to consider the needs of victims.
Aderholt Amendment
What it does:
Among other things, the amendment prevents the use of funds
or fees for all of the November 20, 2014 Executive Action
mandates by the president, including the renewal and
continuation of the Deferred Action for Childhood Arrivals
(DACA) program for young people who arrived in the United
States as children, and hinders the ability to implement the
Deferred Action for Parental Accountability (DAPA) program,
which provides protection for parents of U.S. citizen and
Legal Permanent Resident children. These programs grant
immigrants who are not priorities for removal some protection
from removal.
The amendment also prevents the use of ``funds or fees'' to
carry out prior DHS guidance, including ICE Director Morton's
prosecutorial discretion memos (2011), USCIS referrals of
Notices To Appear (2011), ICE response to Secure Communities
Task Force (Apr. 2012), detainers (Dec. 2012), and adjustment
of status under visa waiver program (Nov. 2013).
The amendment prohibits any ``substantially similar''
policy changes to these memos in the future.
The amendment also prohibits the use of funds or fees to
``grant any Federal benefit'' to any noncitizen pursuant to
any of the policy changes in these memos.
The amendment reinstates the Secure Communities Program.
Impact on victims of domestic and sexual violence:
This amendment increases the vulnerability to abuse for
immigrants by increasing: (1) fear of deportation and (2)
financial dependence on abusers.
Eliminates DHS prosecutorial discretion to consider the
needs of victims of domestic and sexual violence, including
the trauma they have experienced, in prioritizing enforcement
activities.
Increases victims fear of deportation as a consequence of
reporting crimes committed against them as a result of local
law enforcement entanglement with ICE in implementing the
Secure Communities Program. As a result, many violent crimes
will go unreported.
We strongly urge members to prioritize the needs of
immigrant victims of domestic and sexual violence, and reject
these amendments. These recommendations are endorsed by the
Immigration subcommittee and the steering committee of the
National Taskforce to End Sexual and Domestic Violence,
including The Asian Institute on Gender Based Violence,
ASISTA Immigration Assistance, Casa de Esperanza: National
Latin@ Network for Healthy Families and Communities, Futures
Without Violence, National Immigrant Justice Center, the
National Network to End Domestic Violence, and the Washington
State Coalition Against Domestic Violence.
If you have any questions, please contact us for further
information through Grace Huang, Washington State Coalition
Against Domestic Violence or Andrea Carcamo, Casa de
Esperanza.
Ms. EDWARDS. As the founder and former executive director of the
National Network to End Domestic Violence, I join the network of every
State domestic violence coalition and the National Task Force to End
Sexual and Domestic Violence Against Women in opposing this amendment.
The issue really is very simple. Often--too often--in cases of
domestic violence, law enforcement show up at a home, they can't figure
out what happened, both parties are arrested, and down the line both
plead to misdemeanor domestic violence offenses. This happens all the
time all around the country. For the victim, it may be because she just
wants to get it out of the way to get back to her children or she has
been threatened with further violence by her abuser or with her
immigration status held over her head.
Whatever the reason, it turns out that in too many of these
circumstances, no one--not law enforcement, prosecutors, judges, or
even her attorney, if she is fortunate to have one--tells her that by
pleading to the misdemeanor, her immigration status is threatened and
she faces deportation.
So this is not about fault. It just means that we still have a lot of
work to do when it comes to domestic violence. It is why we
reauthorized the Violence Against Women Act in the last Congress.
Here is the harm. This amendment would prevent immigration
authorities from looking beneath the surface in circumstances only of
domestic violence offenses to make absolutely certain that we are not
victimizing the victim twice by subjecting her to deportation.
I urge my colleagues to vote ``no'' on this dangerous amendment that
could result in additional violence and undoing what successive
Congresses and Presidents, Republicans and Democrats, have done for 20
years--afford fairness and protection for vulnerable immigrant women
who are victims of domestic violence.
And so let's get the facts straight. This is not about shielding
perpetrators. It is about protecting victims.
[[Page H384]]
Our immigration authorities deserve to take a second look when it comes
to domestic violence, and I urge my colleagues to do no harm and vote
``no'' on the DeSantis-Roby amendment.
{time} 1015
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. DeSantis).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. LOFGREN. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.
Amendment No. 4 Offered by Mr. Salmon
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part B of House Report 114-2.
Mr. SALMON. Madam Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. (a) The Congress finds that--
(1) under the Patient Protection and Affordable Care Act
(Public Law 111-148), many individuals and businesses are
required to purchase health insurance coverage for themselves
and their employees;
(2) individuals who were unlawfully present in the United
States who have been granted deferred action under the
Deferred Action for Childhood Arrivals Program undertaken by
the Executive Branch and who then receive work authorization
are exempt from these requirements;
(3) many United States employers hiring United States
citizens or individuals legally present in the United States
are required to either offer those persons affordable health
insurance or pay a penalty of approximately $3,000 per
employee per year; and
(4) an employer does not have to provide insurance, or in
many instances pay a penalty, if they hire individuals who
were not lawfully present but who have been granted deferred
action under the Deferred Action for Childhood Arrivals
Program and work authorization.
(b) It is the sense of the Congress that--
(1) this disparate treatment has the unacceptable effect of
discouraging the hiring of United States citizens and those
in a lawful immigration status in the United States; and
(2) the Executive Branch should refrain from pursuing
policies, such as granting deferred action under the Deferred
Action for Childhood Arrivals Program and work authorization
to unlawfully present individuals, that disadvantage the
hiring of United States citizens and those in a lawful
immigration status in the United States.
The Acting CHAIR. Pursuant to House Resolution 27, the gentleman from
Arizona (Mr. Salmon) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. SALMON. Madam Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Thompson), the coauthor of this amendment.
Mr. THOMPSON of Pennsylvania. Thank you for yielding. Thank you to
the chairman, and to my colleague from Arizona, Congressman Salmon, for
your work on this legislation and this amendment.
Madam Chair, I rise in support of the Salmon-Thompson amendment.
President Obama's recent expansion of the Deferred Action for
Childhood Arrivals, or DACA, protects a large number of unlawfully
present aliens from deportation.
In addition to constitutional concerns and national security
implications, Madam Chair, the action poses a range of unintended
consequences.
Case in point: the President's policy creates an incentive to hire
illegal immigrants over lawfully present workers. Illegal aliens who
are granted deferred action are exempt from being counted under the
2010 health care law's employer mandate, which requires employers with
50 or more employees to offer health insurance or pay a penalty.
Essentially, the President has created a situation where employers
face a penalty for hiring Americans over illegal aliens.
Madam Chairman, the President's current deferred action expansion
promotes the hiring of individuals who have broken the law over the men
and women who have come through legal channels, worked hard, and played
by the rules.
Congressman Salmon and I are proud to offer this commonsense
amendment. The amendment merely states that it is the sense of Congress
that this administration should not pursue any actions that put the
interests of illegal immigrants before U.S. workers.
I encourage all my colleagues on both sides of the aisle to vote
``yes'' on the Salmon-Thompson amendment.
Mr. BECERRA. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. BECERRA. Madam Chair, I yield myself 2 minutes.
Madam Chairman, the barbaric killing in Paris last week of 17
innocent human beings, including two police officers, is a stark
reminder of the high price we sometimes pay to exercise our freedoms,
including our freedom of speech.
Here in this House, we exercise that freedom every day on this floor,
but that freedom comes with a responsibility. We are all entitled to
our own opinions, and we can express them here, but we are not entitled
to our own set of facts.
This sense of Congress fails in that responsibility. First, it
misappropriates the facts, but worse, it misrepresents the facts.
The Affordable Care Act prohibits the precise activity and conduct by
employers that this sense of Congress says it is trying to prohibit. In
fact, the Affordable Care Act has explicit language, and I will, for
the Record, submit 29 U.S. Code, section 218(c), protections for
employees, which specifically prohibits an employer from discriminating
against an American citizen who works for that employer for the
purposes of hiring someone who doesn't have a right to work and,
therefore, will not get insurance.
So the worst part of this sense of Congress is that it tries to
mislead the American people to think something is going on that isn't.
And if it is going on then, in the time that the gentleman has to push
his amendment, I would urge him to name a name of an employer who is
doing this to an American citizen who should be allowed to work.
29 U.S. Code Sec. 218c--Protections for employees
(a) Prohibition
No employer shall discharge or in any manner discriminate
against any employee with respect to his or her compensation,
terms, conditions, or other privileges of employment because
the employee (or an individual acting at the request of the
employee) has--
(1) received a credit under section 36B of title 26 or a
subsidy under section 18071 of title 42;
(2) provided, caused to be provided, or is about to provide
or cause to be provided to the employer, the Federal
Government, or the attorney general of a State information
relating to any violation of, or any act or omission the
employee reasonably believes to be a violation of, any
provision of this title (or an amendment made by this title);
(3) testified or is about to testify in a proceeding
concerning such violation;
(4) assisted or participated, or is about to assist or
participate, in such a proceeding; or
(5) objected to, or refused to participate in, any
activity, policy, practice, or assigned task that the
employee (or other such person) reasonably believed to be in
violation of any provision of this title (or amendment), or
any order, rule, regulation, standard, or ban under this
title (or amendment).
(b) Complaint procedure
(1) In general
An employee who believes that he or she has been discharged
or otherwise discriminated against by any employer in
violation of this section may seek relief in accordance with
the procedures, notifications, burdens of proof, remedies,
and statutes of limitation set forth in section 2087(b) of
title 15.
(2) No limitation on rights
Nothing in this section shall be deemed to diminish the
rights, privileges, or remedies of any employee under any
Federal or State law or under any collective bargaining
agreement. The rights and remedies in this section may not be
waived by any agreement, policy, form, or condition of
employment.
Mr. BECERRA. Madam Chair, I reserve the balance of my time.
Mr. SALMON. Madam Chair, I yield 1 minute to the gentleman from
Virginia (Mr. Goodlatte), chairman of the full Committee on the
Judiciary.
Mr. GOODLATTE. Madam Chairman, I urge my colleagues to support this
amendment by Representatives Salmon and Thompson.
The amendment expresses the sense of Congress that U.S. workers
should not be harmed by President Obama's unilateral executive action
programs.
[[Page H385]]
These programs absurdly give American employers a financial incentive
to hire unlawful aliens over American citizens and legal immigrants.
The fact is, in many cases, a business now has a $3,000 incentive to
hire an unlawful immigrant who benefited from the Deferred Action for
Childhood Arrivals program. This is because, under ObamaCare, many
businesses face a $3,000 per employee penalty if they do not provide
health insurance to their workers.
However, unlawful immigrants granted DACA relief and, most likely,
those benefiting from President Obama's new deferred action program are
not eligible for ObamaCare. Thus, in many cases, employers will not
have to pay this penalty if they hire deferred action recipients rather
than legal workers.
It is simply indefensible public policy for the Obama administration
to give unlawful aliens a leg up over legal workers. Yet, that is the
result of the President's unilateral actions. I urge my colleagues to
support this good amendment.
Mr. BECERRA. Madam Chair, I yield 1\1/2\ minutes to the gentleman
from New Jersey (Mr. Pascrell), who is on the Ways and Means Committee.
Mr. PASCRELL. Madam Chair, I just want to report to the other side
that you are already on retreat. As a party, you have retreated from
our solemn oaths, camouflaged by pious, empty, pyrrhic acclamations of
patriotism and liberty.
These are not stick people you are talking about. These are real
people. They are not despots. They are not moneychangers. They are not
felons. They are human equals to you and me.
You have a bumper sticker mentality without the bumper.
For years and years, all we heard is ``read the bill.'' Well, we have
read the bill and, in fact, I helped write the ACA. I am proud of that.
There is nothing in the ACA or the President's executive order that
treats people who have temporary status under DACA differently than
U.S. citizens for the purposes of triggering the employer mandate.
The whole purpose of this amendment is to play into fears that, by
allowing immigrants to come out of the shadows and work legally and pay
taxes, you are undermining American workers. That is a lie. Admit it.
Nothing in this ACA incentivizes employers to hire undocumented
immigrants over American citizens. In fact, just the opposite, as you
heard the speaker before me. Specifically, it prohibits employers from
firing a citizen employee because they receive a premium tax credit.
Read the bill.
My colleagues on the other side of the aisle are simply trying to
obscure what the President did here with this executive order: provide
responsible solutions to prevent families from being torn apart even
further.
I urge my colleagues to oppose this amendment--and have a nice
retreat.
Mr. SALMON. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, they say sunlight is the best disinfectant. We are
trying to shed a little sunlight on some of the problems with the
President's unconstitutional and illegal executive order of last year.
I am incredulous that the leader of the opposition has now encouraged
the Members of the opposition to vote, en bloc, against all these
commonsense amendments defending the American worker, protecting the
American worker, cracking down on the molesters and sex offenders, and
making sure that they don't have a haven here in America, and making
sure that those who want legal immigration are the first and foremost
that we consider in this process, and that those who cheated the system
have to get behind those folks that are doing it legally before their
paperwork can be processed.
It is incredulous that the other side would oppose such commonsense
measures that I believe most of America is crying for. People are
hurting out there. Maybe they haven't gotten the memo, but I think most
of us have.
The other thing that is incredulous is that when you hear a lot of
squealing, you know when you have hit a raw nerve; you know there is
some truth to what is being spoken.
This amendment is simply a sense of Congress that we don't give a
$3,000 benefit to those who have cheated the system, that we don't give
a $3,000 advantage to them over hardworking, tax-paying American
citizens who have been out of work for quite some time.
As we know, President Obama recently issued a series of memos that
would essentially grant legal status to millions of people residing
illegally within the borders of the United States. Unfortunately, this
is not the first time that such action has been taken by this
administration, and history has a habit of repeating itself.
Under Deferred Action for Childhood Arrivals, DACA, up to 1.7 million
individuals were granted legal status and were allowed to cut in line,
being given preferential treatment over those who respected our laws
and waited patiently for their immigration cases to be processed.
Furthermore, while these individuals who were given legal status
under DACA were initially required to purchase health insurance under
ObamaCare, they were later exempted from that requirement. With this
exemption, those given legal status under DACA are not required to
purchase insurance.
We just don't want that to happen again, and I would urge the other
side to stand up for the American worker. That is why we are here.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIR. The Chair will remind Members to refrain from
improper references to the President.
Mr. BECERRA. Madam Chair, I yield 1 minute to the gentleman from New
York (Mr. Crowley), vice chairman of the House Democratic Caucus.
Mr. CROWLEY. Madam Chair, I think my Republican colleagues take the
American people for fools.
Madam Chair, I lost too many constituents and friends on 9/11. I lost
people who I loved on 9/11. And in the years since then, New York City
has been the focus of attempted terror plots too numerous to name.
Homeland Security funding is something that I take very seriously
because it is so much a part of a New Yorker's life. And frankly, I
would expect my colleagues on the other side of the aisle to take it as
seriously as well.
But this is not a serious effort by any stretch of the imagination.
You know what's good for our national security?
Bringing people out of the shadows so that we know who is in our
country, focusing our limited enforcement resources on true threats to
our country and not holding up needed funding for security and law
enforcement programs to make a political point.
It is a political point they are trying to make. If my colleagues on
the other side of the aisle genuinely think our immigration system
should deport parents instead of true criminals, if you want to destroy
all our economic gains and throw a sucker punch to our economy by
deporting 11 million people, then you know what? Bring a bill up on the
floor, and let's have a real debate on all those issues.
Don't walk in here and tell me and the American people that this
garbage belongs in the Homeland Security funding bill. Don't tell the
American people that. They are not suckers and they are not fools. They
know what you are doing.
The Acting CHAIR. The Chair would ask Members to address their
remarks to the Chair.
Mr. BECERRA. Madam Chairman, I yield myself the balance of my time.
I asked if the proponents would name the name of an American who has
been discriminated against, the name of an employer who has
discriminated against an American worker. They gave none. This is all
anecdotal. These are all stories. They don't have anything to do with
the fact that we need to pass the Homeland Security bill because we are
jeopardizing the funding for our security.
Are people tone-deaf to what happened in Paris that they would do
these types of amendments at a time when we need to support our men and
women who protect us through Homeland Security?
This is wrong, and that is why we oppose this senseless sense of
Congress amendment.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Salmon).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
[[Page H386]]
Mr. SALMON. Madam Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.
{time} 1030
Amendment No. 5 Offered by Mr. Schock
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part B of House Report 114-2.
Mr. SCHOCK. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. ___. It is the sense of the Congress that the
Director of U.S. Citizenship and Immigration Services (USCIS)
should--
(1) stop putting the interests of aliens who are unlawfully
present in the United States ahead of the interests of aliens
who are following proper immigration laws and procedures by
adjudicating petitions and applications for immigration
benefits submitted by aliens unlawfully present in the United
States. When USCIS adjudicators and resources are used to
adjudicate petitions and applications for aliens who are
unlawfully present, the time it takes to process petitions
and applications submitted by other aliens is significantly
increased and a backlog is created. In addition, it is unfair
to use the fees paid by other aliens to cover the costs of
adjudicating petitions and applications for aliens unlawfully
present in the United States; and
(2) use the funds available under existing law to improve
services and increase the efficiency of the immigration
benefits application process for aliens abroad or who are
lawfully present in the United States.
The Acting CHAIR. Pursuant to House Resolution 27, the gentleman from
Illinois (Mr. Schock) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. SCHOCK. Madam Chair, there are currently 4.4 million people ready
to enter this country through legal channels. Many of them have been
waiting for years. They have saved their money. They have filled out
all of the proper forms. They have paid their fees.
This amendment is about doing right by them and their families. It is
about making sure the men and women who play by the rules receive the
fair treatment that they were promised.
Congress must send a clear message to the administration and the
American people that we are committed to fixing what is broken about
our immigration system but not at the expense of law-abiding
immigrants.
In recent weeks, I have worked with The Heritage Foundation to
identify seven failing programs at the USCIS that are in most need of
improvement. One of the most egregious examples is of the $792 million
that the USCIS spent between 2008 and 2012 to create an online system
for applicants to file forms and pay fees. After $700 million spent and
4 years of time, only two forms out of 100 and one out of 73 different
fees can be processed online.
The administration's repeated inability to build a Web site that
works--well-documented as it is by now--is compounded by its eagerness
to bypass the Constitution and break the law.
Had the President wished to show real leadership on immigration
reform, he could have used his executive authority to promote greater
efficiency and cost-saving measures within the system. Had he done so,
I suspect there would have been overwhelming support in this Congress,
but, regrettably, that is not the course he chose, and it is why this
Congress must act.
We have a responsibility to American taxpayers and to millions of
immigrants to establish spending priorities at the USCIS, and
eliminating wasteful spending in the immigration system is an important
component of our responsibility and is a first great step in achieving
comprehensive reform. Ensuring that the fees paid by lawful applicants
are not used to fast-track those who break the law strikes at the heart
of our oath of office.
During my time in Congress, the 18th District of Illinois has
welcomed more than 2,600 new citizens, many of whom have faced a long
road to get here, but there are still thousands more who are waiting.
It is not because their paperwork isn't in order, not because they have
something in their records, and not because of anything other than
there being a broken system.
Take Charles from Peoria. He has been trying to get his fiancee to
join him here in the United States since January of 2012. For more than
2 years, Charles has waited. He has struggled with the financial
support requirements. He has been unable to travel to see her. He had
his application postponed time and time again. Why? Because Charles is
a quadriplegic on disability.
Take Danny from Jacksonville, Illinois. He works two shifts at a
meatpacking facility. He applied and paid for his green card on October
4 of 2013. His green card was mailed to the wrong address, even though
it was properly done on his paperwork, and it was in order.
Danny lost his job because he couldn't show his green card to his
employer. After many months of lost wages, the USCIS admitted to my
office and to Danny that they screwed up and made a mistake. Now, more
than a year later, Danny finally received his green card, and he went
back to work, but not before our broken system cost him a year's worth
of wages.
Madam Chair, these stories could be repeated hundreds of time in my
congressional office alone--tens of thousands of times across this body
in Republican and Democrat districts alike. The system is failing our
constituents, their families, and their loved ones. It is failing
businesses in our districts. It is failing daycare facilities and major
manufacturers.
Yes, Mr. President, the system is broken, but the way to fix a broken
system is not to overload the system by fast-tracking 5 million more
people.
Madam Chair, it is as if these hardworking taxpayers--these
hardworking people--are sitting at a toll booth.
Mr. CARTER of Texas. Will the gentleman yield?
Mr. SCHOCK. Madam Chair, how much time is remaining?
The Acting CHAIR. The gentleman from Illinois has 15 seconds
remaining.
Mr. SCHOCK. I reserve the balance of my time.
Ms. LOFGREN. Madam Chair, I claim the time in opposition.
The Acting CHAIR. The gentlewoman from California is recognized for 5
minutes.
Ms. LOFGREN. I yield myself 2 minutes.
Madam Chair, this amendment is premised on a mistake in the
understanding of how USCIS actually works. Here is a fact that some
people may not know: the USCIS is funded not by the taxpayers, it is
funded by the fees of the applicants.
The amendment seems to assume that, if you are out of status,
somehow, somebody else is paying for you--the taxpayers or some other
applicant. That is not the case. Each applicant pays enough money to
cover the cost of processing his own fee, and it does not delay others.
What this amendment would do would not just deal with DACA
applicants; it would impact people whom I don't think we want to delay
in terms of the processing of their petitions. For example, people who
are victims of torture can come to the United States and make a case--a
plea--for political asylum. They file petitions to do that. This
amendment would say that their petitions can't be heard.
There are people who are victims of domestic violence. We created a
visa category that allows domestic violence victims to petition so that
they can be free to leave their abusers. Those petitions could not be
heard in a timely manner.
Victims of sex trafficking are eligible for a T visa. That is
something we created in law. According to this amendment, people who
apply--sex trafficking victims--would not be eligible to have their
petitions processed in a timely manner.
Here is something else: most of the petitions that are adjudicated
are family-based. If you have your American citizen daughter marry
somebody from another country, she can petition so that her husband can
become a legal resident of the United States. If that husband is out of
status, that petition would not be petitioned.
I don't think we want to do what this amendment suggests we should
do.
I reserve the balance of my time.
Mr. SCHOCK. Madam Chair, I reserve the balance of my time.
[[Page H387]]
Ms. LOFGREN. Madam Chair, I yield for a unanimous consent request to
the gentlewoman from New York (Mrs. Carolyn B. Maloney).
(Mrs. CAROLYN B. MALONEY of New York asked and was given permission
to revise and extend her remarks.)
Mrs. CAROLYN B. MALONEY of New York. Madam Chair, I am in opposition
to this amendment and to others who play politics with the security and
safety of America.
Madam Chair, this bill plays politics with the security and safety of
America while holding up vital investments that will create jobs.
The House GOP refused to take action on immigration reform last year,
and now they're trying to make up for that mistake by attaching poison
pill amendments to the bill that funds homeland security.
They accuse the President of being lawless, but they know the real
problem is their own failure to offer constructive solutions to fix our
immigration system.
We should be debating comprehensive immigration reform, not hosting a
politically motivated charade that will harm our ability to deter,
detect, and defend from a terrorist attack.
This could not be more poorly timed.
Last week our strong ally, France, was attacked and terrorized.
People died.
I am deeply concerned about the impact this delayed funding may have
on my own congressional district.
New York City continues to remain a high risk area and the City
relies on the federal funds it receives to protect critical
infrastructure, sustain anti-terrorism programs, and enhance emergency
preparedness and response.
These not only protect our people but they put people to work.
On behalf of New Yorkers I plead with my colleagues to stop holding
hostage this critically important funding.
The inclusion of these dangerous amendments poisons the bill and
threatens our crucial homeland security needs and hurts our economy.
We must reject these amendments and pass a clean Homeland Security
funding bill.
Ms. LOFGREN. Madam Chair, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson Lee), my colleague and compatriot on the
Judiciary Committee.
Ms. JACKSON LEE. I thank the gentlewoman for her leadership and the
ranking member for his leadership.
Madam Chair, this is a full force assault on immigrants. It is an
assault on the integrity of this Nation which was built upon the
investment and the love of this country by immigrants from all over the
world.
As I look to the landscape of what we now confront--2,000 dead in
Nigeria by Boko Haram, little girls dressed with suicide bombs, and
Homeland Security being held hostage by an assault on immigration--let
me say to you that the Constitution has given the President the
authority under the ``take care'' provision, so this assault of
amendments that is trying to chip away at these executive actions is a
false premise in order to attack the ideas and the values of this
Nation.
In my own State, if the actions of the President's are in place, we
will gain $8.2 billion in gross domestic product and $19.2 billion over
10 years, a decade. Do you think we need the underlying amendment or
amendments? Pastors and religious leaders--the Episcopal bishops--have
indicated that they support the executive actions. The Catholic bishops
support the executive actions.
The Aderholt amendment wants to attack those young DREAMers who want
to invest and young soldiers. The Blackburn amendment wants to take
away, if you will, the childhood arrivals.
Mr. DeSantis wants to misrepresent to victims of human trafficking
and domestic violence. Mr. Salmon, in his amendment, wants to suggest
that workers are being hired over American workers; then Mr. Schock
wants to ignore the investment of this particular language into this
Nation.
Let me end by saying this is an attack on immigrants. Let's oppose
all of these.
Mr. SCHOCK. Madam Chair, I reserve the balance of my time.
Ms. LOFGREN. Madam Chair, I believe I have the right to close, so I
reserve the balance of my time.
The Acting CHAIR. The gentleman from Illinois has the right to close.
The gentleman has 15 seconds remaining.
Ms. LOFGREN. Madam Chair, I yield the balance of my time to the
gentleman from Michigan (Mr. Conyers), the ranking member of our full
committee.
The Acting CHAIR. The gentleman from Michigan is recognized for 1\1/
2\ minutes.
Mr. CONYERS. Madam Chair and members of the committee, I oppose the
Schock amendment for many of the numerous reasons that have already
been stated by our colleagues, but I want to make sure that we are all
perfectly clear on what is occurring on the House floor today.
The majority is, unfortunately, playing politics with the lives,
safety, and security of the American people. The ideologues are holding
funding hostage for the Homeland Security Department here today. That
is not right. They would rather deport DREAMers--the kids and their
parents--rather than fund the Department of Homeland Security.
In the wake of the recent Paris tragedy, we need to remain vigilant
with smart enforcement policies that protect Americans. The Department
of Homeland Security plays a central role in our fight against terror,
and we must fully fund the efforts as soon as possible. We should not
be attaching poison pill amendments to this important legislation.
I urge all of my colleagues on the other side of the aisle to really
join us and govern with a sense of far more responsibility.
The Acting CHAIR. The time of the gentleman has expired.
The gentleman from Illinois is recognized for 15 seconds.
Mr. SCHOCK. Madam Chair, I yield the balance of my time to the
distinguished gentleman from Ohio (Mr. Boehner), my friend.
Mr. BOEHNER. Let me thank my colleague for yielding, and let me thank
all of my colleagues who have worked to put this bill together.
Madam Chair, today, I rise--and the House rises--to support and
defend our Constitution. We do not take this action lightly; but,
simply, there is no alternative. This is not a dispute between the
parties or even between the branches of our government.
This executive overreach is an affront to the rule of law and to the
Constitution itself. I appreciate all of the efforts of those working
to fix our broken immigration system, especially since I am one of
them.
What we are dealing with is a President who has ignored the people,
who has ignored the Constitution, and even his own past statements. In
fact, on at least 22 occasions, he said he did not have the authority
to do what he has done.
Before he became President, on March 31, 2008, the President said:
``I take the Constitution very seriously. The biggest problems that
we're facing right now have to do with the President trying to . . .
not go through Congress at all, and that's what I intend to reverse
when I'm President.''
On May 19, 2008, the President said, ``I believe in the Constitution,
and I will obey the Constitution of the United States.''
After he was President, on May 5, 2010, the President said, ``Anybody
who tells you . . . that I can wave a magic wand and make it happen
hasn't been paying attention to how this town works.''
{time} 1045
On July 1, 2010, the President said: ``There are those . . . who have
argued passionately that we should . . . at least ignore the laws on
the books . . . I believe such an indiscriminate approach would be both
unwise and unfair.''
On October 14, 2010, the President said: ``I do have an obligation to
make sure that I am following some of the rules. I can't simply ignore
laws that are out there.''
On October 25, 2010, the President said: ``I am President. I am not
king. I can't do these things just by myself. . . . I can't just make
the laws up by myself.''
On March 28, 2011, the President said: ``America is a nation of laws,
which means I, as the President, am obligated to enforce the law.''
On April 20, 2011, the President said: ``I can't solve this problem
by myself. . . . I can't do it by myself.''
On April 29, 2011, the President said: ``Some here wish that I could
just bypass Congress and change the law myself. But that's not how
democracy works.''
[[Page H388]]
On May 10, 2011, the President said: ``They wish I could just bypass
Congress and change the law myself. But that's not how a democracy
works.''
On July 25, 2011, the President said: ``The idea of doing things on
my own is very tempting. . . . But that's not how our system works.
That's not how our democracy functions. That's not how our Constitution
is written.''
On September 28, 2011, the President said: ``We live in a democracy.
You have to pass bills through the legislature, and then I can sign
it.''
On September 20, 2012, the President said: ``What I've always said
is, as the head of the executive branch, there's a limit to what I can
do.''
On October 16, 2012, the President said: ``We're . . . a nation of
laws. . . . And I've done everything that I can on my own.''
On January 30, 2013, the President said: ``I'm not a king. I am the
head of the executive branch of government. I'm required to follow the
law.''
On January 30, 2013, the President also said: ``I'm not a king. You
know, my job as the head of the executive branch ultimately is to carry
out the law.''
On February 14, 2013, the President said: ``The problem is that I'm
the President of the United States. I'm not the emperor of the United
States.''
On July 16, 2013, the President said: ``I think that it is very
important for us to recognize that the way to solve this problem has to
be legislative.''
On September 17, 2013, the President said: ``My job in the executive
branch is supposed to be to carry out the laws that are passed. . . .
But if we start broadening that, then essentially I would be ignoring
the law.''
On November 25, 2013, the President said: ``The easy way out is to
try to yell and pretend like I can do something by violating our laws.
. . . That's not our tradition.''
On March 6, 2014, the President said: ``And I cannot ignore those
laws any more than I could ignore . . . any of the other laws that are
on the books.''
And on August 6, 2014, the President said: ``I'm bound by the
Constitution; I'm bound by separation of powers.''
To think that the President of the United States actually studied
constitutional law is one thing. But he didn't just learn
constitutional law, he taught it as well. But now his actions suggest
that he has forgotten what these words even mean.
Enough is enough. By their votes last November, the people made clear
that they wanted more accountability from this President; and by our
votes here today, we will heed their will, and we will keep our oath to
protect and defend the Constitution of the United States of America.
Mr. SCHOCK. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Schock).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CONYERS. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part B of House Report
114-2 on which further proceedings were postponed, in the following
order:
Amendment No. 1 by Mr. Aderholt of Alabama.
Amendment No. 2 by Mrs. Blackburn of Tennessee.
Amendment No. 3 by Mr. DeSantis of Florida.
Amendment No. 4 by Mr. Salmon of Arizona.
Amendment No. 5 by Mr. Schock of Illinois.
The Chair will reduce to 5 minutes the minimum time for an electronic
vote on amendment No. 2, and will reduce to 2 minutes the minimum time
for any electronic vote on the remaining amendments.
Amendment No. 1 Offered by Mr. Aderholt
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Alabama
(Mr. Aderholt) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 237,
noes 190, not voting 6, as follows:
[Roll No. 29]
AYES--237
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Davis, Rodney
Dent
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--190
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Doyle (PA)
Edwards
Ellison
Ellmers
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
[[Page H389]]
Rangel
Rice (NY)
Richmond
Ros-Lehtinen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--6
Duckworth
Garamendi
Loebsack
Nunnelee
Ryan (OH)
Visclosky
{time} 1115
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 2 Offered by Mrs. Blackburn
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
Tennessee (Mrs. Blackburn) on which further proceedings were postponed
and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 218,
noes 209, not voting 6, as follows:
[Roll No. 30]
AYES--218
Abraham
Aderholt
Allen
Amash
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cramer
Crawford
Crenshaw
Culberson
Davis, Rodney
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kelly (PA)
King (IA)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
Meadows
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--209
Adams
Aguilar
Amodei
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Connolly
Conyers
Cooper
Costa
Costello (PA)
Courtney
Crowley
Cuellar
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Doyle (PA)
Edwards
Ellison
Ellmers
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Gibson
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanna
Hardy
Hastings
Heck (NV)
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
LoBiondo
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
McSally
Meehan
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
Nunes
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Reichert
Rice (NY)
Richmond
Ros-Lehtinen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--6
Duckworth
Garamendi
Loebsack
Nunnelee
Ryan (OH)
Scott, David
{time} 1124
Mr. COSTELLO of Pennsylvania changed his vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 3 Offered by Mr. DeSantis
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Florida
(Mr. DeSantis) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 278,
noes 149, not voting 6, as follows:
[Roll No. 31]
AYES--278
Abraham
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bera
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Byrne
Calvert
Carney
Carter (GA)
Carter (TX)
Cartwright
Chabot
Chaffetz
Cicilline
Clawson (FL)
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Curbelo (FL)
Davis, Rodney
DeFazio
Delaney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Emmer
Esty
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Higgins
Hill
Himes
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
[[Page H390]]
LaMalfa
Lamborn
Lance
Langevin
Latta
Lipinski
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Lynch
MacArthur
Maloney, Sean
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perlmutter
Perry
Peters
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Polis
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Ruiz
Ruppersberger
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Speier
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--149
Adams
Bass
Beatty
Becerra
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Butterfield
Capps
Capuano
Cardenas
Carson (IN)
Castor (FL)
Castro (TX)
Chu (CA)
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeGette
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle (PA)
Edwards
Ellison
Ellmers
Engel
Eshoo
Farr
Fattah
Frankel (FL)
Fudge
Gabbard
Gallego
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hastings
Heck (WA)
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maloney, Carolyn
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Pingree
Pocan
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Smith (WA)
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--6
Duckworth
Garamendi
Loebsack
Murphy (FL)
Nunnelee
Ryan (OH)
{time} 1128
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. MURPHY of Florida. Madam Chair, on rollcall No. 31, had I been
present, I would have voted ``yes.''
Amendment No. 4 Offered by Mr. Salmon
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Salmon) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 253,
noes 171, not voting 9, as follows:
[Roll No. 32]
AYES--253
Abraham
Aderholt
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bera
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Bustos
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Curbelo (FL)
Davis, Rodney
DeFazio
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
Lipinski
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Lynch
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peters
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Ruppersberger
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--171
Adams
Aguilar
Bass
Beatty
Becerra
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Dold
Doyle (PA)
Edwards
Ellison
Ellmers
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perlmutter
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
[[Page H391]]
NOT VOTING--9
Cole
Duckworth
Garamendi
Loebsack
Nunnelee
Payne
Rogers (AL)
Ryan (OH)
Smith (MO)
{time} 1133
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. ROGERS of Alabama. Madam Chair, on rollcall No. 32 I was unable
to get to the well before the 2 minute vote closed. Had I been present,
I would have voted ``yes.''
Mr. SMITH of Missouri. Madam Chair, on rollcall No. 32 I was
unavoidably detained. Had I been present, I would have voted ``yes.''
Amendment No. 5 Offered by Mr. Schock
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Schock) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 260,
noes 167, not voting 6, as follows:
[Roll No. 33]
AYES--260
Abraham
Aderholt
Allen
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bera
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Byrne
Calvert
Carter (GA)
Carter (TX)
Cartwright
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Curbelo (FL)
Davis, Rodney
DeFazio
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
Lipinski
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Lynch
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peters
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Ruppersberger
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--167
Adams
Aguilar
Amash
Bass
Beatty
Becerra
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle (PA)
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--6
Duckworth
Garamendi
Loebsack
Nunnelee
Rush
Ryan (OH)
{time} 1138
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIR. There being no further amendments, under the rule,
the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Ms.
Foxx) having assumed the chair, Mrs. Black, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 240)
making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2015, and for other purposes, and,
pursuant to House Resolution 27, she reported the bill back to the
House with sundry further amendments adopted in the Committee of the
Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any further amendment reported from
the Committee of the Whole? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. ISRAEL. Madam Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. ISRAEL. I am in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Israel moves to recommit the bill H.R. 240 to the
Committee on Appropriations with instructions to report the
same back to the House forthwith with the following
amendment:
Page 2, line 10, strike the dollar amount and insert
``$129,573,000''.
Page 37, line 20, strike the dollar amount and insert
``$1,503,000,000''.
Page 37, line 22, strike the dollar amount and insert
``$468,500,000''.
Page 38, line 8, strike the dollar amount and insert
``$601,500,000''.
Strike all after section 578, before the short title.
The SPEAKER pro tempore. The gentleman from New York is recognized
for 5 minutes.
Mr. ISRAEL. Madam Speaker, this is the final amendment to the bill.
It will not kill the bill or send it back to committee. If adopted, the
bill will immediately proceed to final passage, as amended.
Madam Speaker, last week terrorists struck France, reminding us every
day
[[Page H392]]
that we must be vigilant and every day we must be prepared. Madam
Speaker, I represent Long Island, New York. Hundreds of my constituents
were killed on 9/11. Almost every day, another recovery worker from
Ground Zero is losing his or her life all these years later.
On that day, on 9/11, those of us who were in this body, as the sun
set over Washington, we took to the steps. We held hands and we sang
``God Bless America.'' We committed ourselves to working together to
strengthen our homeland security, not as Republicans, not as Democrats,
but as Members of Congress whose constituents expect us to keep them
safe--whose constituents expect us to put aside whatever disagreements
we have on whatever other issues there may be and at least agree on
their fundamental right to be safe. That is the expectation.
And now, Madam Speaker, we have a bill that should not be
controversial, that should fund our homeland security, but it has been
turned into a divisive political strategy on immigration.
{time} 1145
Madam Speaker, let's face it. This bill is not about homeland
security; this bill is about Republican political security. It is an
injustice to those who suffered on 9/11 and still remember that.
Members are entitled to whatever view they may have on the
President's executive order. They are entitled to whatever view they
may have on immigration. They are entitled to votes on those issues.
But to force those views on a bill that funds grants to first
responders, that helps those first responders hire additional personnel
and purchase protective equipment, that assists our State and local
governments in preventing and responding to terrorist attacks and other
disasters, that secures essential cyber networks, that simply puts ugly
politics ahead of the safety of the American people.
This bill goes too far. For the first time in history, they are
holding our security hostage to the politics of immigration.
My motion gives every Member here a fundamental choice. It allows you
to pursue whatever agenda you may have on immigration without
undermining our homeland security. It would ensure passage of a clean
Homeland Security bill, with an additional $3 million for fusion
centers.
Madam Speaker, this is The 9/11 Commission Report, the report that
every Member of Congress said that we would heed and pay attention to,
that we would not allow politics to be injected into. This report calls
for fusion centers, which are located in every State, to gather,
receive, analyze, and share threat information among Federal, State,
and tribal law enforcement and other public safety partners.
Unity of effort and information sharing, this report says, is a key
necessity in protecting our homeland; and our fusion center networks
are critical in our response to that recommendation.
This motion to recommit makes a further investment in these fusion
centers, so that we don't have a repeat of what happened in France a
week ago.
This is the choice, Madam Speaker. It is clear, and it is stark. You
can vote ``yes'' on this motion to recommit and strengthen fusion
centers, or you can vote ``no'' and have weakened them. How will you
explain your vote ``no'' if a disaster occurs?
You can vote ``yes'' and stand for full and immediate funding of DHS
without Washington politics, or you can vote ``no'' and tell your
constituents that being against immigration is more important to you
than being for their homeland security. How will you explain that
``no'' vote to them if disaster occurs again?
Republicans are saying that anti-immigration riders on this bill are
part of a political compromise. Madam Speaker, we all understand
compromise, we all support compromise, but homeland security is the
last thing in this body that should be subject to a political
compromise--not after the attacks on France, not after 9/11 when we
pledged to keep the American people safe, not after we stood on the
steps of this building committing ourselves to bipartisan cooperation
and to do the right thing for our homeland security.
Do the right thing, my colleagues, and vote for this motion to
recommit and take the politics, the ugly politics, out of keeping the
American people safe.
I yield back the balance of my time.
Mr. CARTER of Texas. Madam Speaker, I rise in opposition to the
motion to recommit.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. CARTER of Texas. Madam Speaker, may I remind my colleague from
New York that we put $300 million in those fusion centers in the bill.
At this time, because this is clearly primarily about the amendments
that are on this bill, I yield to the gentleman from South Carolina
(Mr. Gowdy).
Mr. GOWDY. Madam Speaker, I thank his honor.
President Obama announced one of the largest extraconstitutional
power grabs ever by a Chief Executive. He declared unilaterally that
almost 5 million undocumented aliens will receive deferred action under
some newfangled definition of ``prosecutorial discretion,'' Madam
Speaker.
Not only that, not only escaping consequences, he has decided to
bestow benefits such as work authorization and immigration benefits--
this, Madam Speaker, despite the fact that the very same President over
20 different times said he lacked the power to do what he just did, and
he repeatedly said he is not a king.
Now, Madam Speaker, his position may have changed after the election,
I hasten to add, but the Constitution has not. That document is clear,
time-tested, and true, and it says that this body passes laws, and it
is the responsibility of the Chief Executive, Madam Speaker, to make
sure that those laws are faithfully enforced.
If this President's unilateral extraconstitutional acts are not
stopped, Madam Speaker, future Presidents will no doubt expand that
power of the executive branch and threaten the constitutional
equilibrium.
But, Madam Speaker, this is not a fight between Republicans and
Democrats; it is not even a fight over immigration reform. This is a
fight over whether this branch of government will ever find the courage
to stand up for itself.
The same document, the same document that this and all Presidents
swear to defend, gives this body certain tools, tools like the power of
the purse. It is about damn time we used that tool.
I would ask you to oppose this motion to recommit and support the
underlying bill.
Mr. CARTER of Texas. Madam Speaker, I thank my friend from the
Judiciary Committee.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. ISRAEL. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 5-
minute vote on the motion to recommit will be followed by a 5-minute
vote on the passage of the bill.
The vote was taken by electronic device, and there were--yeas 184,
nays 244, not voting 5, as follows:
[Roll No. 34]
YEAS--184
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle (PA)
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
[[Page H393]]
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NAYS--244
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--5
Duckworth
Garamendi
Loebsack
Nunnelee
Ryan (OH)
{time} 1157
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 236,
nays 191, not voting 6, as follows:
[Roll No. 35]
YEAS--236
Abraham
Aderholt
Allen
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Davis, Rodney
Dent
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--191
Adams
Aguilar
Amash
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Doyle (PA)
Edwards
Ellison
Ellmers
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Massie
Matsui
McCollum
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Ros-Lehtinen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--6
Duckworth
Garamendi
Loebsack
McDermott
Nunnelee
Ryan (OH)
[[Page H394]]
{time} 1204
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________