[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[House]
[Pages 12385-12386]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

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

                               H.R. 4567

                     Offered By: Ms. Roybal-Allard

       Amendment No. 3: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. __. 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 as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of the Bureau of Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.

                               H.R. 4567

                     Offered By: Ms. Roybal-Allard

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

       Sec. __. 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 as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of the Bureau of Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are Immigration Information Officers, Contact 
     Representatives, or Investigative Assistants.

                               H.R. 4567

                        Offered By: Mr. Sweeney

       Amendment No. 5: In title III, under the heading ``Office 
     for State and Local Government Coordination and 
     Preparedness_State and local programs'', after the second 
     dollar amount insert ``(reduced by $450,000,000)''
       In title III, under the heading ``Office for State and 
     Local Government Coordination and Preparedness_State and 
     local programs'', after the fourth dollar amount insert 
     ``(increased by $450,000,000)''.

                               H.R. 4567

                        Offered By: Mr. Sweeney

       Amendment No. 6: In title III, under the heading ``Office 
     for State and Local Government Coordination and 
     Preparedness_State and local programs'', before the semicolon 
     at the end of paragraph (1) insert ``: Provided further, That 
     the amount of any grant to a State shall be made on the basis 
     of an assessment of the risk of terrorism with respect to 
     threat, vulnerability, and consequences''.

                               H.R. 4567

                        Offered By: Mr. Sweeney

       Amendment No. 7: In title III, under the heading ``Office 
     for State and Local Government Coordination and 
     Preparedness_State and local programs'', after the second 
     dollar amount insert ``(reduced by $450,000,000)''.
       In title III, under the heading ``Office for State and 
     Local Government Coordination and Preparedness_State and 
     local programs'', before the semicolon at the end of 
     paragraph (1) insert ``: Provided further, That the amount of 
     any grant to a State in excess of the minimum amount under 
     section 1014(c)(3) of such Act shall be made on the basis of 
     an assessment of the risk of terrorism with respect to 
     threat, vulnerability, and consequences''.
       In title III, under the heading ``Office for State and 
     Local Government Coordination and Preparedness_State and 
     local programs'', after the fourth dollar amount insert 
     ``(increased by $450,000,000)''.

                               H.R. 4567

                        Offered By: Mr. Manzullo

       Amendment No. 8: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. 5__. Requirement To Buy Certain Articles From American 
     Sources; Exceptions.
       (a) Requirement.--Except as provided in subsections (c) 
     through (h), funds appropriated or otherwise available to the 
     Department of Homeland Security may not be used for the 
     procurement of an item described in subsection (b) if the 
     item is not grown, reprocessed, reused, or produced in the 
     United States.
       (b) Covered Items.--An item referred to in subsection (a) 
     is any of the following:
       (1) An article or item of--
       (A) food;
       (B) clothing;
       (C) tents, tarpaulins, or covers;
       (D) cotton and other natural fiber products, woven silk or 
     woven silk blends, spun silk yarn for cartridge cloth, 
     synthetic fabric or coated synthetic fabric (including all 
     textile fibers and yarns that are for use in such fabrics), 
     canvas products, or wool (whether in the form of fiber or 
     yarn or contained in fabrics, materials, or manufactured 
     articles); or
       (E) any item of individual equipment manufactured from or 
     containing such fibers, yarns, fabrics, or materials.

[[Page 12386]]

       (2) Specialty metals, including stainless steel flatware.
       (3) Hand or measuring tools.
       (c) Availability Exception.--Subsection (a) does not apply 
     to the extent that the Secretary of Homeland Security 
     determines that satisfactory quality and sufficient quantity 
     of any such article or item described in subsection (b)(1) or 
     specialty metals (including stainless steel flatware) grown, 
     reprocessed, reused, or produced in the United States cannot 
     be procured as and when needed at United States market 
     prices.
       (d) Exception for Certain Procurements.--Subsection (a) 
     does not apply to the following:
       (1) Procurements outside the United States in support of 
     combat operations or procurements of any item listed in 
     subsection (b)(1)(A), (b)(2), or (b)(3) in support of 
     contingency operations.
       (2) Procurements by vessels in foreign waters.
       (3) Emergency procurements or procurements of perishable 
     foods by an establishment located outside the United States 
     for the personnel attached to such establishment.
       (4) Procurements of any item listed in subsection 
     (b)(1)(A), (b)(2), or (b)(3) for which the use of procedures 
     other than competitive procedures has been approved on the 
     basis of section 303(c)(2) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)), 
     relating to unusual and compelling urgency of need.
       (e) Exception for Specialty Metals and Chemical Warfare 
     Protective Clothing.--Subsection (a) does not preclude the 
     procurement of specialty metals or chemical warfare 
     protective clothing produced outside the United States if--
       (1) such procurement is necessary--
       (A) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       (B) in furtherance of agreements with foreign governments 
     in which both such governments agree to remove barriers to 
     purchases of supplies produced in the other country or 
     services performed by sources of the other country; and
       (2) any such agreement with a foreign government complies, 
     where applicable, with the requirements of section 36 of the 
     Arms Export Control Act (22 U.S.C. 2776) and with section 
     2457 of this title.
       (f) Exceptions for Certain Other Commodities and Items.--
     Subsection (a) does not preclude the procurement of the 
     following:
       (1) Foods manufactured or processed in the United States.
       (2) Waste and byproducts of cotton and wool fiber for use 
     in the production of propellants and explosives.
       (g) Exception for Small Purchases.--Subsection (a) does not 
     apply to purchases for amounts not greater than the 
     simplified acquisition threshold referred to in section 4(11) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(11)).
       (h) Applicability to Contracts and Subcontracts for 
     Procurement of Commercial Items.--This section is applicable 
     to contracts and subcontracts for the procurement of 
     commercial items notwithstanding section 34 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 430).
       (i) Geographic Coverage.--In this section, the term 
     ``United States'' includes the possessions of the United 
     States.

                               H.R. 4567

                        Offered By: Mr. DeFazio

       Amendment No. 9: In title II of the bill, under the heading 
     ``Transportation Security Administration--aviation 
     security'', strike the fifth proviso, relating to the maximum 
     staffing level for full-time equivalent screeners.

                               H.R. 4567

                        Offered By: Mrs. Maloney

       Amendment No. 10: In title III, under ``Office for State 
     and Local Government Coordination and Preparedness--State and 
     local programs'', after the second dollar amount insert 
     ``(reduced by $446,000,000)''.
        In title III, under ``Office for State and Local 
     Government Coordination and Preparedness--State and local 
     programs'', after the fourth dollar amount insert 
     ``(increased by $446,000,000)''.

                               H.R. 4567

                        Offered By: Mrs. Maloney

       Amendment No. 11: At the end of the bill (before the short 
     title) add the following:
         Sec. __. None of the funds made available in title III 
     for discretionary grants for use in high-threat, high density 
     urban areas and for rail and transit security, under the 
     heading ``Office for State and Local Government Coordination 
     and Preparedness--State and local programs'', may be used for 
     more than 80 grants.

                               H.R. 4567

                         Offered By: Mr. Markey

       Amendment No. 12: At the end of the bill (before the short 
     title), insert the following:

       Sec. __. None of the funds made available in this Act may 
     be used to approve, renew, or implement any aviation cargo 
     security plan that permits the transporting of unscreened or 
     uninspected cargo on passenger planes.

                               H.R. 4567

                        Offered By: Mr. Simmons

       Amendment No. 13: In title II, under the heading ``United 
     States Coast Guard--acquisition, construction, and 
     improvements'', after the first dollar amount insert 
     ``(increased by $18,500,000)''.
       In title IV, under the heading ``Science and Technology--
     research, development, acquisition and operations'', after 
     the dollar amount insert ``(reduced by $18,500,000)''.

                               H.R. 4568

                         Offered By: Mr. Rahall

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

                 TITLE V--ADDITIONAL GENERAL PROVISIONS

       Sec. 501. None of the funds made available by this Act may 
     be used to adversely affect the physical integrity of Indian 
     Sacred Sites on Federal lands (as such terms are defined in 
     Executive Order 13007, dated May 24, 1996).

                               H.R. 4568

                         Offered By: Mr. Chabot

       Amendment No. 3: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used for the planning, designing, studying, or 
     construction of forest development roads in the Tongass 
     National Forest for the purpose of harvesting timber by 
     private entities or individuals.

                               H.R. 4568

                  Offered By: Mr. Udall of New Mexico

       Amendment No. 4: Add at the end (before the short title) 
     the following new title:

                 TITLE V--ADDITIONAL GENERAL PROVISIONS

       Sec. 501. None of the funds appropriated or made available 
     by this Act may be used to finalize or implement the proposed 
     revisions to subpart A of part 219 of title 36, Code of 
     Federal Regulations, relating to National Forest System 
     Planning for Land and Resource Management Plans, as described 
     in the proposed rule published in the Federal Register on 
     December 6, 2002 (67 Fed. Reg. 72770).

                               H.R. 4568

                          Offered By: Mr. Holt

       Amendment No. 5: At the end of the bill (before the short 
     title), insert the following new section:

                 TITLE V--ADDITIONAL GENERAL PROVISIONS

       Sec. 501. None of the funds made available in this Act may 
     be used to permit recreational snowmobile use in Yellowstone 
     National Park, the John D. Rockefeller Jr. Memorial Parkway, 
     and Grand Teton National Park.

                               H.R. 4568

                        Offered By: Mr. Tancredo

       Amendment No. 6: In title II, in the item relating to 
     ``National Forest System'', insert after the first dollar 
     amount the following ``(increased by $23,000,000)''.
       In title II, in the item relating to ``National Endowment 
     for the Arts--grants and administration'', insert after the 
     first dollar amount the following: ``(reduced by 
     $60,000,000)''.

                               H.R. 4568

                   Offered By: Mr. Udall of Colorado

       Amendment No. 7: At the end of the bill, before the short 
     title, insert the following new title:

                 TITLE V--ADDITIONAL GENERAL PROVISIONS

       Sec. 501. None of the funds made available by this Act 
     shall be used to issue any document of disclaimer of interest 
     in land pursuant to section 315 of the Federal Land Policy 
     and Management Act of 1976 with respect to any claim or 
     assertion based on section 2477 of the revised Statutes (R.S. 
     2477).

                               H.R. 4568

                         Offered By: Mr. Souder

       Amendment No. 8: Under the item relating to ``National Park 
     Service--operation of the national park system'' after 
     ``$1,686,067,000'', insert the following: ``, of which 
     $1,070,984,000 shall be for base operating costs as defined 
     on pages ONPS-151 to ONPS-159 of the budget justifications 
     transmitted to the Committee on Appropriations for fiscal 
     year 2005 which shall be allocated so that each unit of the 
     National Park System receives an increase of not less than 8 
     percent over its fiscal year 2004 estimate; and''.

                               H.R. 4568

                         Offered By: Mr. Flake

       Amendment No. 9: In title I, under the heading 
     ``Departmental Management--payments in lieu of taxes'', after 
     the first dollar amount insert ``(increased by 
     $20,000,000)''.
       In title II, under the heading ``Smithsonian Institution--
     salaries and expenses'', after the second dollar amount 
     insert ``(reduced by $22,000,000)''.