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June 6, 2006

**Amendments to the Homeland Security Appropriations Act, 2007, H.R.
5441**

**Part IV**

The following contains information on the amendments made in order under
the UC Agreement.

**[RSC Staff Contact]{.underline}**:

Marcus Kelley; <marcus.kelley@mail.house.gov>; x69717

Paul Teller; <paul.teller@mail.house.gov>; x69718

Derek Baker; <derek.baker@mail.house.gov>; x68585

Joelle Cannon; <joelle.cannon@mail.house.gov>; x60718

***Crowley (D-NY)***. The amendment increases funding for discretionary
grants to high-threat, high-density urban areas by \$88 million (from
\$750 million to \$838 million). The amendment funds this increase by
reducing the Chief Information Officer's budget for Department-wide
technology investments by \$88 million (from \$364.765 million to
\$276.765). According to the sponsor's office, the High Threat, High
Density Urban Area Program is the only homeland security program
specifically targeted towards those municipalities with the greatest
threat and vulnerability for terror attacks.

*60 Minutes* aired a piece on how some localities were spending their
homeland security grants. Tiptonville, Tenn., bought an all-terrain
vehicle, a couple of defibrillators --- one was used at high-school
basketball games --- and protective suits for the volunteer fire
department. Newark, N.J., purchased air-conditioned garbage trucks and
Columbus, Ohio, spent its terror money on bulletproof dog vests (Source:
<http://www.jewishworldreview.com/0705/saunders072005.php3>). **This
amendment was agreed to by voice vote.**

***Reyes (TX)/Ortiz (TX).*** Increases by \$1.95 billion, funding for
Customs and Border Protection. The amendment designates \$1.7 billion
for hiring 10,000 additional border patrol agents and \$250 million for
expanding the Border Patrol Training Academy to accommodate the training
of the additional agents. **Note: The amendment does not provide an
offset for the additional funding. As such, this amendment should be
subject to a point of order.**

**King (R-IA).** Increases by \$5 million, funding for the Customs and
Border Patrol, salaries and Expenses and decreases by \$5 million
funding for the Immigration and Customs Enforcement Salaries and
Expenses appropriation. According to the sponsor's office, this is in
order to "transfer a specialized unit of Customs Patrol Officers known
as the "Shadow Wolves" from Customs and Border Patrol into Immigrations
and Customs Enforcement.  The Shadow Wolves were recognized by Congress
in 1972.  They patrol the international land border within the Tohono
O\'odham Indian nation in the State of Arizona. The Shadow Wolves'
officers are Native Americans who combine modern technology and
traditional Native American tracking techniques. The intention of this
amendment is also to support the idea of setting the pay scale of the
Shadow Wolves at the same rate as Special Agents at ICE, who have
similar work responsibilities and expertise."  

**Mica (R-FL).** Adds the Committee on Transportation to the list of
Committees (currently the Appropriations and Homeland Security
Committees) that will receive a DHS report on the April 25, 2006
incident involving the Customs and Border Protection unmanned aerial
vehicle. **This amendment was agreed to by voice vote.**

***Ortiz (D-TX)/Reyes (D-TX)*.** Increases by \$2.05 billion, funding
available for Immigration and Customs Enforcement. According to the
amendment , this additional funding is intended "to fund the detention
bedspace, personnel and removal costs required to end the 'catch and
release' policy, under which certain illegal immigrants who are arrested
for violations are released pending their court proceedings." **Note:
The amendment does not provide an offset for the additional funding. As
such, this amendment was subject to a point of order and was
withdrawn.**

**Jindal (R-LA).** Increases, then decreases, by \$1 million, funds
available for FEMA for readiness, mitigation, response, and recovery
activities. According to the sponsor's office, this earmarking of funds
will allow Rep. Jindal to speak on floor in order to direct FEMA to
"implement a fully tested process that can provide real-time access to
data required to validate identities and addresses for those seeking
disaster assistance." To view an RSC document on FEMA, Katrina-related
waste, please click here:
<http://www.house.gov/pence/rsc/doc/KatrinaWaste06.doc>. **This
amendment was agreed to by voice vote.**

**Jindal (R-LA).** Increases, then decreases, by \$9 million, funds
available for the Office of the Under Secretary for Preparedness,
salaries and expenses account. According to the sponsor's office, this
earmarking of funds will allow Mr. Jindal to speak on floor in order "to
further direct the Department of Homeland Security to develop a system
that verifies and validates, in real-time, what qualified assets
(people, equipment, supplies, teams, including volunteers) are available
in order to meet emergent or anticipated events, even when the
information supplied is coming from disparate or incompatible
databases." **This amendment was agreed to by voice vote.**

***Nadler (D-NY).*** Strikes the following section from the underlying
bill:

> "Provided that no funds provided in this Act shall be used to create a
> Sodium-Iodide Manufacturing Program until the Office demonstrates that
> Advanced Spectroscopic Portal monitors will significantly speed
> commerce, reduce the costs of secondary inspection, or significantly
> increase sensitivity over current generation Radiation Portal
> Monitors."

According to the sponsor's office, in an attempt to speed deployment of
Advanced Spectroscopic Portal monitors (ASP), striking the text will
eliminate Domestic Nuclear Detection Office (DNDO) testing to prove ASPs
can "significantly speed commerce, reduce the costs of secondary
inspection, or significantly increase sensitivity over current
generation Radiation Portal Monitors." The sponsor asserts initial
testing has already been done, showing ASPs can not only detect
radiation coming from shipping containers, but can also determine
exactly what is emitting the radiation. Additionally, striking the text
will allow \$20 million to be spent on domestic production of
sodium-iodide crystals used in ASP production. Only one foreign company
currently produces the crystals. **This amendment failed on a recorded
vote, 172-240.**

**Tiahrt (R-KS).** Prohibits funds from being used to promulgate
regulations without consideration of the effect of such regulations on
the competitiveness of American businesses. *This amendment is subject
to a point of order. The amendment sponsor will offer the amendment,
discuss the issue, and withdraw the amendment.*

***Gordon (D-TN).*** Prohibits funds from being used in contravention of
current law and an executive order setting energy efficiency standards
in federal buildings. According to the sponsor's office the amendment's
purpose "is to bring attention to the failure of the Federal government
to meet its responsibilities to significantly reduce energy use in
Federal buildings .... In recent years, goals have not been met and
funds requested for energy conservation purposes have not kept up with
the need, despite the fact that energy efficiency improvements generally
save substantial amounts of money." To view Executive Order 13123,
please click here: <http://www.ofee.gov/eo/eo13123.pdf>.

***Obey (R-WI)*.** The sponsor's office did not provide text. However,
according to the Appropriations Committee Democratic Staff, the
amendment increases by \$3.5 billion, funding in the bill for border
security, port security, first responders and preparedness programs. The
amendment is offset by rolling back the Bush Tax Cuts on taxpayers with
income above \$1 million in 2007. *This amendment is subject to a point
of order.*

***\
*Doolittle (R-CA).** Provides that none of the funds may be used for
expedited removal of illegal aliens unless El Salvadorans are subject to
the same expedited removal provisions as other illegal aliens. According
to the sponsor's office, the amendment is being offered to allow Maria
Salvatrucha-13, commonly known as MS-13, gang members to be deported. A
long-standing court injunction prevents El Salvadorans from being
deported due to the civil war, but the El Salvadoran civil war ended in
1992. According to the sponsor's office, the amendment will likely be
subject to a point of order and likely will be withdrawn.

**Campbell (R-CA).** Provides that none of the funds may be used in
contravention of section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)). According to
the sponsor, "Section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility of 1996 makes it illegal for state and local
governments to prevent their police from sending information to, or
receiving information from federal enforcement authorities about the
immigration status of foreign nationals that they encounter in the
course of their police duties. ...\[This\] amendment to the Department
of Homeland Security Appropriations bill that would prevent state and
local governments who refuse to share information with federal
immigration authorities by adopting 'sanctuary policies' from obtaining
federal funds under this act." **This amendment is now being offered by
Rep. King (R-IA).**

***Jackson-Lee (D-TX)*.** Prohibits funds from being used to close the
FEMA field office in Houston, Texas. The sponsor has stated that "there
is considerable concern in Houston that FEMA will do exactly that" but
did not provide supporting documentation or statements from FEMA
corroborating this statement. **This amendment failed by voice vote.**

***Jackson-Lee (D-TX)*.** Prohibits funds from being used by DHS to
terminate financial assistance for FEMA housing (authorized under
section 408 of the Stafford Act; 42 U.S.C. 5174) prior to December 31,
2006, to any Hurricane Katrina evacuee located in Harris County, Texas,
who was previously determined eligible by FEMA.

According to the sponsor's office, FEMA previously stated that financial
assistance will be terminated by June 30, 2006. FEMA has provided
financial assistance for housing and other hurricane-related needs for
over eight months thus far, since President Bush declared the
hurricane-affected areas (covering three states) a disaster area on
August 28, 2005.

***Jackson-Lee (D-TX)*.** Prohibits funds from being used by DHS before
December 31, 2006, to pay the salary of any departmental employee to
contest the legal class action suit Watson et al v. FEMA (No. H-06-1709,
filed on May 19, 2006) filed on behalf of Hurricane Katrina evacuees in
Harris County, Texas, against FEMA, seeking to stop FEMA from
terminating financial assistance for housing (as authorized under the
Stafford Act) to eligible evacuees.

According to the sponsor's office, FEMA previously stated that financial
assistance will be terminated by June 30, 2006. FEMA has provided
financial assistance for housing and other hurricane-related needs for
over eight months thus far, since President Bush declared the
hurricane-affected areas (covering three states) a disaster area on
August 28, 2005.

***Markey (D-MA).*** Provides that none of the funds may be used to
approve, implement, or approve a cargo screening program for passenger
airlines that allows unscreened cargo on passenger planes. According to
the sponsor's office, the amendment is being offered to highlight the
fact that current cargo screening processes do not require every
container to be screened and "scanning all cargo would not hurt the
economy, and the Known Shipper program is flawed so as to threaten
security." *According to the sponsor's office, the amendment may not be
offered.*

***Filner (D-CA)/Matsui (D-CA)*.** Provides that none of the funds made
available in the Act may be used to carry out the policy of the
Department of Homeland Security that the risk-based formula used for
purposes of the Urban Area Security Initiative does not take into
account strategic defense considerations, local government assets that
serve the military, proximity to international borders, presence of
visitors to the urban area, the presence of drug trafficking and other
organized crime activities that relate to terrorism, or the catastrophic
and cascading effects of an attack on critical infrastructure including
dams and levees. According to the sponsor's office, "Funding from the
Urban Area Security Initiative grant program is distributed according to
a risk-based formula, which takes a variety of factors into account. 
However, DHS has specifically stated that they do not take into account
a variety of factors that clearly impact a city's risk of facing a
terrorist attack. This includes strategic defense considerations
(certain military bases and complexes are more vital than others), local
government assets that serve the military (for example, local
infrastructure), proximity to international borders, the presence of
visitors to the urban area, the presence of drug trafficking and other
organized crime activities that relate to terrorism, and the
catastrophic and cascading effects of an attack on critical
infrastructure including dams and levees.  This amendment prevents funds
from this bill to be used to continue the policy of DHS that they will
not take these factors into account.  This amendment will cause DHS to
consider these important factors as they develop a new formula for the
2007 grant program." **This amendment will likely be subject to a point
of order.**

**Deal (R-GA).** Provides that none of the funds may be used to grant
birthright citizenship to the children of those individuals who are not
subject to the jurisdiction of the United States, including the children
of illegal aliens. The sponsor's office stressed that the phrase in his
amendment "subject to the jurisdiction of the United States," is the
same phrase in the Fourteenth Amendment of the Constitution. The office
also cited Center for Immigration Studies statistics that 10% of births
in the U.S. are births to illegal immigrants. This amendment is likely
subject to a point of order.

**Poe (R-TX).** Prohibits funds from being used to implement a plan in
current law (section 7209 of the Intelligence and Terrorism Prevention
Act; 8 U.S.C. 1185 note) that permits foreigners to travel in the U.S.
using documents other than a passport. Thus, this amendment would
require a passport for all travel into and out of the U.S.

Under provisions in the Intelligence and Terrorism Prevention Act of
2004 (P.L. 108-458), beginning on January 1, 2008, the Department of
Homeland Security is directed to implement a plan that may allow
documents *other than a passport* to be used for travel in and out of
the U.S., so long as the DHS Secretary determines that the other
document or combination of documents are "sufficient to denote
citizenship and identity."

***Engel (D-NY)*.** Provides that none of the funds in the Act may be
used in contravention of section 303 of the Energy Policy Act of 1992 or
in contravention of the Federal buildings performance and reporting
requirements of Executive Order 13123, part 3 of title V of the National
Energy Conservation Policy Act or subtitle A of title I of the Energy
Policy Act of 2005. **This amendment was agreed to by voice vote.**

**Tancredo (R-CO)**. Provides that none of the funds may be used to
administer any extension of designation made under section 244(b) of the
Immigration and Nationality Act before the date of the enactment of this
Act with respect to Guatemala, Honduras, or Nicaragua. According to the
sponsor, last year, "Guatemala requested Temporary Protective Status
(TPS) for its nationals present in the U.S. ... We feel strongly that
Guatemala can handle the return of its deported nationals. We are also
concerned that the TPS authority is being used inappropriately. ... The
authority to extend this status was extended to the administration so
that the U.S. government could provide temporary refuge to certain
individuals in situations where wars or massive disasters have
*temporarily* made it unsafe for them to return. The authority was not
created to allow the administration to provide *de facto* amnesty in 18
month installments." **This amendment failed on a recorded vote,
134-284.**

**Kingston (R-GA).** Prohibits funds from being used to provide a
foreign government information relating to the activities on
Non-Integrated Surveillance Intelligence System (as defined by DHS
OIG-06-15) operating along the international border between Mexico and
the states of California, Texas, New Mexico, and Arizona, unless
required by international treaty.

According to the sponsor's office, this amendment will prevent the U.S.
Border Patrol from notifying the Mexican government (or any government)
about the location of Minuteman Civil Defense Corps patrols and other
civilian militia operating along the U.S. border.

**Garrett (R-NJ).** Provides that none of the FEMA funding may be used
for adult entertainment, bail bonds, parking tickets, jewelry, or
weapons. These are all items that were purchased by Katrina victims with
the \$2,000 debit cards handed out by FEMA. To view an RSC document on
FEMA, Katrina-related waste, please click here:
<http://www.house.gov/pence/rsc/doc/KatrinaWaste06.doc>.

**Pickering (R-MS).** Prohibits FY07 funds from being used for new,
continuing, or existing disaster relief contracts, except in accordance
with Section 307 of the Stafford Act (42 U.S.C. 5150), which instructs
federal agencies to give preference (where practicable and feasible) to
local firms in disaster areas when awarding such contracts. The sponsor
states that this amendment "simply prohibits FEMA from using funds for
contracts" where Section 307 is not considered and that it \"does not
expand or otherwise modify any authority, duties, obligations of FEMA or
the Department of Homeland Security in its implementation of the
Stafford Act.\" The bill seeks to enforce the law, as recently amended
by H.R. 4979. (To see the RSC write up on that bill see
[[http://www.house.gov/pence/rsc/doc/LB_032806_Suspensions.doc]{.underline}](http://www.house.gov/pence/rsc/doc/LB_032806_Suspensions.doc)).
H.R. 4979 modified Section 307, to give discretionary authority to
federal agencies to award contracts based on geographic areas in the
implementation of the local preference authority. The sponsor had
reported (when passing H.R. 4979) that certain Katrina-related contracts
in Mississippi were under dispute and in pending GAO proceedings as a
result of bid protests brought by out-of-state contractors because FEMA
had awarded such contracts to local Mississippi contractors. This
amendment affirms funds may not be spent in contravention of this new
law. **This amendment was agreed to by voice vote.**

**Tancredo (R-CO).** Provides that none of the funds in the Act may be
used to carry out the diversity visa program established in section
203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)).
According to the sponsor's office, the amendment will not be offered.

**Foxx (R-NC).** Provides that none of the funds may be used to purchase
a Louis Vuitton handbag. According to recent news reports, two, \$800
Louis Vuitton handbags were purchased with the \$2,000 FEMA debit cards
that were given to Katrina victims. The debit cards were intended to be
used for emergency needs, such as food and water. To view the RSC
document highlighting this government waste, please view this site:
<http://www.house.gov/pence/rsc/doc/Vuitton.doc>.

***Bishop (D-NY)*.** Provides that none of the funds made available in
the Act may be used to reimburse L.B.& B. Associates, Inc. or Olgoonik
Logistics, LLC (or both) for attorneys fees related to pending
litigation against Local 30 of the International Union of Operating
Engineers. According to the sponsor, the "amendment affects only LB&B
Assoc. that have litigated against the Local 30 at the Plum Island
Animal Disease Center on Long Island, NY."

***Berkley (D-NV)*.** Provides that none of the funds made available in
the Act may be used for the making of any risk or threat assessment
calculation by any person who is an officer or employee of the
Department of Homeland Security based on the population of an area,
unless such calculation includes consideration of such number of guests,
tourists, and commuters in such area as is available to the person.

**Mica (R-FL).** Provides that none of the funds in the Act may be used
to recruit, hire, or employ nonscreener personnel into the
Transportation Security Administration's Federal Security Director
office at each airport participating in the security partnership program
under section 44920 of title 49, United States Code, whose job title and
job description would duplicate those of nonscreener personnel employed
by the screening company that is under contract with the Transportation
Security Administration to provide security screening services at the
airport. According to the sponsor, "there is no need for excessive
numbers of TSA administrative staff duplicating the functions of the
private screening companies in such things as operations and human
resources. ...Many of these positions pay over \$100,000.00 annually."

***Tierney (D-MA)*.** Provides that none of the funds made available in
the Act may be used for any application for a deepwater port for natural
gas with respect to which Massachusetts is designated as an adjacent
coastal State under the Deepwater Port Act of 1974, until the Commandant
of the Coast Guard submits a report to Congress assessing energy needs
and conducts, completes, and submits a report on a study on the costs of
providing security for the proposed deepwater ports. **This amendment
was subject to a point of order and was withdrawn.**

**Culberson (R-TX)/Kingston (R-GA).** Provides that none of the funds
may be used to process immigration benefits petitions until October 1,
2007. The amendment stipulates that the prohibition of funds does *not*
apply to petitions submitted before October 1, 2006, and it does *not*
apply to performance of background checks for H-1B non-immigrant visas.

The sponsors list a number of alarming CIS activities that may be
rectified by a halt to new petitions entering the pipeline including: a
reliance on easily counterfeited documents, an assumption that no
response from the FBI or CIA on a background check means a clear
background, a failure to issue a Notice to Appear for a removal hearing
if an applicant's petition is denied (unless the denial is based on a
national security issue), the possibility of issuance of asylee status
to illegal aliens who provide stolen identity data, and CIS waiver of
fingerprinting requirements.

**Kuhl (R-NY).** Increases by \$22 million, funds for FIRE and SAFER
grants, and decreases by \$22 million funds for Departmental Management
and Operations in the Office of the Secretary and Executive Management.
According to the sponsor, this money was wasted by DHS on a \$22 million
contract with a Shirlington limousine service. **This amendment was
offered by Rep. Price (R-GA) and was agreed to by voice vote.**

**Rogers (R-KY).** The sponsor's office did not provide text. However,
according to the sponsor, the amendment may appropriate \$2 million for
the Secret Service and \$2 million for the National Response Plan. These
were projects originally funded as earmarks in the Emergency
Supplemental. The Homeland Security bill was reportedly \$4 million
under its 302(b) allocation, allowing for this amendment to be made in
order. T**his amendment was agreed to by voice vote.**

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