[House Report 108-545]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-545

======================================================================
.
   PROVIDING FOR CONSIDERATION OF H.R. 4567, DEPARTMENT OF HOMELAND 
                   SECURITY APPROPRIATIONS ACT, 2005

                                _______
                                

   June 15, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Lincoln Diaz-Balart, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 675]

    The Committee on Rules, having had under consideration 
House Resolution 675 by a record vote of 7 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4567, the 
Department of Homeland Security Appropriations Act for fiscal 
year 2005, under an open rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Appropriations. 
The rule waives all points of order against consideration of 
the bill.
    Under the rules of the House the bill shall be read for 
amendment by paragraph. The rule waives points of order against 
provisions in the bill for failure to comply with clause 2 of 
rule XXI (prohibiting unauthorized appropriations or 
legislative provisions in an appropriations bill), except as 
specified in the resolution. The rule authorizes the Chair to 
accord priority in recognition to Members who have pre-printed 
their amendments in the Congressional Record.
    Finallly, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(c) of rule XIII 
(requiring the three-day availability of printed hearings on a 
general appropriation bill). The wavier of clause 2 of rule XXI 
(prohibiting unauthorized appropriations or legislative 
provisions in an appropriations bill) is needed because there 
are numerous legislative provisions included in the bill.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 273

    Date: June 15, 2004.
    Measure: H.R. 4567--Department of Homeland Security 
Appropriations Act, 2005.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Obey which provides an additional $3 billion for homeland 
security programs, contingent upon the President's request. 
This funding could be used to do the following: (1) put more 
air marshals on flights; (2) put more radiation and 
surveillance monitors at our borders and ports; (3) increase 
surveillance on our transit systems and make other transit 
security improvements; (4) increase surveillance by local 
police of critical infrastructure facilities; (5) improve the 
ability of our police and firefighters to communicate with each 
other; (6) inspect additional containers coming into the U.S.; 
(7) increase air patrols of our borders; (8) increase border 
inspectors and agents; (9) improve the aviation explosive 
screening system; (10) increase our stockpile of antibiotics.
    Results: Defeated 4 to 6.
    Vote by Members: Linder--Nay; Hastings (WA)--Nay; Myrick--
Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 274

    Date: June 15, 2004.
    Measure: H.R. 4567--Department of Homeland Security 
Appropriations Act, 2005.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Turner which dedicates $25 million in existing appropriations 
for joint research and development between DHS and U.S. private 
companies and Israeli counterparts, subject to matching Israeli 
funds. These joint programs would allow DHS to leverage 
significant and long-standing expertise in homeland security 
science and technology and share the costs of research and 
development.
    Results: Defeated 4 to 6.
    Vote by Members: Linder--Nay; Hastings (WA)--Nay; Myrick--
Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 275

    Date: June 15, 2004.
    Measure: H.R. 4567--Department of Homeland Security 
Appropriations Act, 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To waive all points of order against 
Section 526(b) of H.R. 4567.
    Results: Defeated 4 to 6.
    Vote by Members: Linder--Nay; Hastings (WA)--Nay; Myrick--
Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 276

    Date: June 15, 2004.
    Measure: H.R. 4567--Department of Homeland Security 
Appropriations Act, 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Manzullo which makes the provisions of the ``Berry Amendment'' 
applicable to the Department of Homeland Security. Currently, 
the ``Berry Amendment'' applies only to the Department of 
Defense's procurement and requires, with exception, that 
certain listed articles and items purchased by the Defense 
Department be grown, reprocessed, reused, or produced in the 
United States.
    Results: Defeated 5 to 6.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Myrick--Yea; Sessions--Nay; Reynolds--Nay; Frost--
Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 277

    Date: June 15, 2004.
    Measure: H.R. 4567--Department of Homeland Security 
Appropriations Act, 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Sabo which mandates that the Department of Homeland Security 
require vulnerability assessments and security plans from 
chemical plants deemed by the Department to be of the highest 
risk.
    Results: Defeated 4 to 7.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--
Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 278

    Date: June 15, 2004.
    Measure: H.R. 4567--Department of Homeland Security 
Appropriations Act, 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Turner which designates $204,000,000 in funding for radiation 
portal monitors as an emergency requirement. Protecting America 
from the danger of weapons of mass destruction or dangerous 
material entering the U.S. should be a priority. Our security 
could be greatly enhanced if all of our border crossings, 
seaports, air cargo and rail facilities had radiation portal 
monitors installed. Customs and Border Protection has a plan to 
install portal monitors at these locations resulting in 100% of 
incoming cargo to be screened for nuclear or radiological 
materials by December 2005. An additional 204,000,000 would 
complete this plan before the December 2005 deadline.
    Results: Defeated 4 to 7.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--
Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 279

    Date: June 15, 2004.
    Measure: H.R. 4567--Department of Homeland Security 
Appropriations Act, 2005.
    Motion by: Mr. Linder.
    Summary of motion: To report the resolution.
    Results: Agreed to 7 to 4.
    Vote by Members: Linder--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Myrick--Yea; Sessions--Yea; Reynolds--Yea; Frost--
Nay; Slaughter--Nay; McGovern--Nay; Hastings (FL)--Nay; 
Dreier--Yea.

                                  
