[Congressional Record Volume 161, Number 34 (Friday, February 27, 2015)]
[House]
[Pages H1492-H1494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FURTHER CONTINUING APPROPRIATIONS RESOLUTION, 2015

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of the joint resolution (H.J. Res. 35) making further 
continuing appropriations for fiscal year 2015, and for other purposes, 
will now resume.
  The Clerk read the title of the joint resolution.


                           Motion to Recommit

  Ms. ROYBAL-ALLARD. Madam Speaker, I have a motion to recommit at the 
desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the joint 
resolution?
  Ms. ROYBAL-ALLARD. Yes.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Roybal-Allard moves to recommit the joint resolution 
     H.J. Res. 35 to the Committee on Appropriations with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       Page 1, line 3, strike ``That the Continuing Appropriations 
     Resolution, 2015'' and insert the following:
       Section 1. The Continuing Appropriations Resolution, 2015
       Page 1, lines 5 and 6, strike ``March 19, 2015'' and insert 
     ``September 30, 2015''.
       Add at the end the following new section:
       Sec. 2.  The Continuing Appropriations Resolution, 2015 is 
     further amended by inserting at the end (before the short 
     title) the following:
       ``Sec. 152.  Notwithstanding any other provision of this 
     joint resolution, funds and other authorities made available 
     for accounts of the Department of Homeland Security shall be 
     available to the extent provided in, under the authority and 
     conditions provided in, and at a rate for operations not to 
     exceed the rate permitted by, H.R. 861, as introduced in the 
     House of Representatives on February 11, 2015.''.

  Ms. ROYBAL-ALLARD (during the reading). Madam Speaker, I ask 
unanimous consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mr. ROGERS of Kentucky. Madam Speaker, I reserve a point of order on 
the gentlewoman's motion.
  The SPEAKER pro tempore. A point of order is reserved.
  Pursuant to the rule, the gentlewoman from California is recognized 
for 5 minutes in support of her motion.

                              {time}  1615

  Ms. ROYBAL-ALLARD. Madam Speaker, this motion to recommit will not 
kill the resolution or send it back to committee. If adopted, the 
continuing resolution will immediately proceed to final passage, as 
amended.
  Adoption of this motion to recommit will change the date of the 
continuing resolution to September 30, 2015, and will incorporate by 
reference all the funding levels and provisions of H.R. 861, the clean, 
bipartisan, full-year funding bill for the Department of Homeland 
Security.
  Once again, I ask my colleagues: What is gained by further putting 
off a resolution to this crisis of Republicans' own making?

[[Page H1493]]

  Circumstances will be no different 3 weeks from now. We will almost 
certainly not have any final resolution from the judicial branch of the 
President's executive action. Nothing can be gained by further delay, 
but much can be lost.
  These are the warnings of the Secretary of Homeland Security who has 
pointed out, over and over again, that the Department of Homeland 
Security is not doing just fine under the current continuing resolution 
and that there are significant consequences if we force the Department 
to keep living with the uncertainty of a continuing resolution.
  As Secretary Johnson has said, the American people are counting on 
us, and the men and women of the Department of Homeland Security, so 
many of whom risk their health and safety every single day to keep us 
safe, are counting on us, too.
  What message are we sending them when we continue to leave them in 
uncertainty over whether they will get paid 3 weeks from now? What 
message do we send them when we take their service for granted by using 
this funding bill as a pawn in a political game?
  I urge my colleagues to vote for this motion to recommit so we can 
put an end to this nonsense and allow the men and women of the 
Department of Homeland Security to go about the business of protecting 
this country knowing that we are fully behind them.
  Madam Speaker, I yield the remainder of my time to the gentlewoman 
from New York (Mrs. Lowey), the distinguished ranking member of the 
Appropriations Committee.
  Mrs. LOWEY. Madam Speaker, I want to thank the ranking member of the 
Homeland Security Subcommittee for yielding me the time.
  I strongly support the Roybal-Allard motion, which gives the House an 
opportunity to vote for a full-year Homeland Security funding bill 
without any controversial immigration policy riders.
  Almost 4:30 Friday afternoon, we have heard lectures all day about 
the Constitution. We have heard lectures all day about the process. I 
just want to remind my colleagues on the other side of the aisle--and 
especially those who may be new to the appropriations process--we can 
have a debate about the Constitution any time you want. We even can 
come up with amendments to the Constitution.
  Right now, we are talking about Homeland Security keeping our country 
safe; and, again, because we have had so many debates about authority 
and who is doing what and who is obeying the Constitution, for me, it 
is a pleasure to work with my colleagues on the other side of the aisle 
on appropriations.
  We passed the CR/Omnibus because, back in December, we couldn't agree 
to include the Homeland Security bill as part of an omnibus. Just to 
remind us again about process, Democrats on the Appropriations 
Committee and Republicans on the Appropriations Committee debated those 
bills.
  We came together in a bipartisan way here in the House, and then we 
worked with the Senate to make sure we worked together in a bipartisan 
way. We had a good Homeland Security Appropriations bill. It may not 
have been perfect, but it was a bipartisan bill back in December. Here 
it is, almost March.
  I just want to conclude by making it very clear, we cannot hold 
hostage to this bill and delay the Homeland Security bill anymore. I 
urge my colleagues to vote for full-year funding.


                             Point of Order

  Mr. ROGERS of Kentucky. Madam Speaker, I make a point of order.
  The SPEAKER pro tempore. The gentleman will state his point of order.
  Mr. ROGERS of Kentucky. Madam Speaker, I make a point of order 
against the motion because it is in violation of section 302(f) of the 
Congressional Budget Act of 1974.
  The adoption of this motion would cause a breach of the 302(a) 
allocation of budget authority provided by the Committee on the Budget 
and, therefore, is not permitted under section 302(f) of the Act.
  I ask for a ruling from the Chair.
  The SPEAKER pro tempore. Does any Member wish to be heard on this 
point of order?
  Ms. ROYBAL-ALLARD. Madam Speaker, I wish to be heard on the point of 
order.
  The SPEAKER pro tempore. The gentlewoman from California is 
recognized.
  Ms. ROYBAL-ALLARD. Madam Speaker, the gentleman asserts that the 
motion exceeds the subcommittee's allocation. However, the 
Congressional Budget Office cost estimate noted ``our estimate is the 
same as H.R. 240 as introduced.''
  H.R. 240 was the bill introduced by the chairman of the subcommittee, 
Judge Carter, and sent to the Senate.
  If I understand the gentleman correctly, he is now asserting that the 
bill that he moved through this Chamber violated the rules of the 
House. I urge him to withdraw his point of order and allow for the 
House to vote on a clean, full-year bill for the Department of Homeland 
Security.
  Absent that, I urge the presiding officer to overrule the gentleman's 
point of order.
  The SPEAKER pro tempore. The Chair is prepared to rule.
  The gentleman from Kentucky makes a point of order that the amendment 
proposed by the instructions in the motion to recommit offered by the 
gentlewoman from California violates section 302(f) of the 
Congressional Budget Act of 1974.
  Section 302(f) of the Budget Act precludes consideration of an 
amendment providing new budget authority if the adoption of the 
amendment and enactment of the bill or joint resolution, as amended, 
would cause the pertinent allocation of new budget authority under 
section 302(a) of the Act to be exceeded.
  The Chair is authoritatively guided by an estimate of the chair of 
the Committee on the Budget under clause 4 of rule XXIX. That estimate 
shows that the amendment proposed in the motion to recommit provides 
new budget authority for fiscal year 2015 in excess of the applicable 
section 302(a) allocation.
  The Chair therefore holds that the amendment violates section 302(f) 
of the Budget Act. Accordingly, the point of order is sustained and the 
motion to recommit is not in order.
  The question is on the passage of the joint resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mrs. LOWEY. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on passage of House Joint Resolution 35 will be followed by 
a 5-minute vote on adoption of the motion to instruct on H.R. 240.
  The vote was taken by electronic device, and there were--yeas 203, 
nays 224, not voting 6, as follows:

                             [Roll No. 104]

                               YEAS--203

     Abraham
     Aderholt
     Allen
     Amodei
     Ashford
     Barr
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blum
     Boehner
     Bost
     Boustany
     Brady (TX)
     Brooks (IN)
     Brownley (CA)
     Buchanan
     Buck
     Bucshon
     Burgess
     Bustos
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Connolly
     Cook
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     Curbelo (FL)
     Davis, Rodney
     Delaney
     Denham
     Dent
     Diaz-Balart
     Dold
     Duncan (SC)
     Duncan (TN)
     Ellmers (NC)
     Emmer (MN)
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Goodlatte
     Gowdy
     Graham
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hill
     Holding
     Huizenga (MI)
     Hultgren
     Hurd (TX)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Jolly
     Joyce
     Katko
     Kelly (PA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     LaMalfa
     Lance
     Latta
     LoBiondo
     Love
     Lucas
     Luetkemeyer
     Lujan Grisham (NM)
     Lummis
     MacArthur
     Marchant
     Marino
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (FL)
     Murphy (PA)
     Newhouse
     Noem
     Nugent
     Nunes
     Palazzo
     Palmer
     Paulsen
     Peters
     Pittenger
     Pitts
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Reed
     Reichert
     Renacci
     Ribble
     Rigell
     Roby
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Ruiz
     Russell
     Ryan (WI)
     Scalise
     Schock
     Schweikert
     Scott, Austin

[[Page H1494]]


     Scott, David
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Westerman
     Westmoreland
     Whitfield
     Wilson (SC)
     Womack
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                               NAYS--224

     Adams
     Aguilar
     Amash
     Babin
     Barletta
     Barton
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blackburn
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brat
     Bridenstine
     Brooks (AL)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clawson (FL)
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     DeLauro
     DelBene
     DeSantis
     DeSaulnier
     DesJarlais
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Duffy
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farenthold
     Farr
     Fattah
     Fincher
     Fleming
     Forbes
     Foster
     Frankel (FL)
     Franks (AZ)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gohmert
     Gosar
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hahn
     Hastings
     Heck (WA)
     Hice, Jody B.
     Higgins
     Himes
     Honda
     Hoyer
     Hudson
     Huelskamp
     Huffman
     Hunter
     Hurt (VA)
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     King (IA)
     Kirkpatrick
     Kuster
     Labrador
     Lamborn
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Loudermilk
     Lowenthal
     Lowey
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Massie
     Matsui
     McCollum
     McGovern
     McNerney
     Meadows
     Meeks
     Meng
     Moore
     Moulton
     Mulvaney
     Nadler
     Napolitano
     Neal
     Neugebauer
     Nolan
     Norcross
     O'Rourke
     Olson
     Pallone
     Pascrell
     Payne
     Pearce
     Pelosi
     Perlmutter
     Perry
     Peterson
     Pingree
     Pocan
     Poe (TX)
     Polis
     Price (NC)
     Quigley
     Rangel
     Ratcliffe
     Rice (NY)
     Rice (SC)
     Richmond
     Roe (TN)
     Rooney (FL)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salmon
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanford
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Serrano
     Sewell (AL)
     Sherman
     Sires
     Slaughter
     Smith (TX)
     Smith (WA)
     Swalwell (CA)
     Takai
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walker
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wenstrup
     Williams
     Wilson (FL)
     Wittman
     Yarmuth
     Yoder

                             NOT VOTING--6

     Hinojosa
     Lee
     Long
     McDermott
     Speier
     Turner

                              {time}  1713

  Mr. SCHRADER, Mrs. LAWRENCE, and Messrs. CARSON of Indiana, SAM 
JOHNSON of Texas, and FINCHER changed their vote from ``yea'' to 
``nay.''
  So the joint resolution was not passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. McDERMOTT. Madam Speaker, on rollcall vote 104, on passage 
related to H.J. Res. 35, had I been present, I would have voted 
``nay.''

                          ____________________