H.R.5441: Department of Homeland Security Appropriations Act, 2007

The House Committee on Appropriations reported an original measure, H. Rept. 109-476, by Mr. Rogers (KY).

Placed on the Union Calendar, Calendar No. 264.

Rules Committee Resolution H. Res. 836 Reported to House. Rule provides for consideration of H.R. 5441 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by paragraph. Bill is open to amendments.

Rule H. Res. 836 passed House.

Considered under the provisions of rule H. Res. 836.

Rule provides for consideration of H.R. 5441 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by paragraph. Bill is open to amendments.

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 836 and Rule XVIII.

The Speaker designated the Honorable Paul E. Gillmor to act as Chairman of the Committee.

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5441.

DEBATE - The Committee of the Whole proceeded with debate on the Sabo amendment under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Kucinich amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Kucinich amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Kucinich demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Brown (OH) under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Brown (OH) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Brown (OH) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the King (IA) amendment under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee (TX) amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Langevin amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Langevin amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Langevin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Stupak amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Stupak amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Stupak demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Markey amendment under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Lynch amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Lynch amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Lynch demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the DeFazio amendment under the five-minute rule, pending reservation of a point of order.

DEBATE - The Committee of the Whole proceeded with debate on the Pascrell amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Pascrell amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pascrell demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Markey amendment under the five-minute rule, pending reservation of a point of order. The reservation of a point of order was later withdrawn.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the DeFazio amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. DeFazio demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Marshall amendment under the five-minute rule.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Marshall amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Marshall demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Poe amendment under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Reyes amendment under the five-minute rule, pending reservation of a point of order.

DEBATE - The Committee of the Whole proceeded with debate on the Mica amendment under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Reyes amendment under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Fossella amendment under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Jindal amendment under the five-minute rule.

Mr. Rogers (KY) moved that the Committe rise.

On motion that the Committe rise Agreed to by voice vote.

Committee of the Whole House on the state of the Union rises leaving H.R. 5441 as unfinished business.

ORDER OF PROCEDURE--AMENDMENT UNIVERSE - Mr. Rogers of Kentucky asked unanimous consent that, during further consideration of H.R. 5441 in the Committee of the Whole, pursuant to H. Res. 836, no further amendments to the bill shall be in order except those on a list placed at the desk. Agreed to without objection.

Considered as unfinished business.

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

Mr. Shuster raised a point of order against the content of the measure. Page 38, line 11, beginning with the comma and extending through funds on line 14. The Chair sustained the point of order.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

Mr. Lungren, Daniel E. raised a point of order against the content of the measure. Mr. Lungren stated that section 536 constituted legislation in an appropriations bill. The Chair sustained the point of order.

DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Mica amendment.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Tancredo amendment.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Tancredo amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Tancredo demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - The Committee of the Whole proceeded with debate on the Rogers (KY) enbloc amendments under the five-minute rule.

DEBATE - The Committee of the Whole proceeded with debate on the Tierney amendment under the five-minute rule, pending reservation of a point of order.

DEBATE - The Committee of the Whole proceeded with debate on the Pickering amendment under the five-minute rule

Mr. Rogers (KY) moved that the Committee rise.

On motion that the Committee rise Agreed to by voice vote.

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of specified amendments which were debated earlier and on which further proceedings were postponed.

Mr. Smith (TX) moved that the Committee rise.

Considered as unfinished business.

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Culberson amendment.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Matsui amendment, pending reservation of a point of order.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) amendment, pending reservation of a point of order.

POSTPONED PROCEEDINGS - At the conclusion of debate on the King (IA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Loretta Sanchez demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Deal amendment, pending reservation of a point of order.

DEBATE - Pursuant to a previous special order, the Committee of the Whole proceeded with 10 minutes of debate on the Obey amendment, pending reservation of a point of order.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Kingston amendment.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Kingston amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Kingston demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (NY) amendment.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Price (GA) amendment.

DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Garrett (NJ) amendment, pending reservation of a point of order.

Mr. Rogers (KY) moved that the Committee rise.

On motion that the Committee rise Agreed to by voice vote.

Committee of the Whole House on the state of the Union rises leaving H.R. 5441 as unfinished business.

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

Mr. Rogers (KY) moved for the Committee of the Whole to rise and report.

On motion to rise and report Agreed to by voice vote.

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5441.

The previous question was ordered pursuant to the rule.

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

Mrs. Lowey moved to recommit with instructions to Appropriations.

The instructions contained in the motion seek to require that the bill be reported back to the House with an amendment providing for an additional $750 million for state and local formula based grants and high-threat, high-density urban area grants so that no state or urban area receive funding below what it received in 2005 or 2006, whichever is higher, and offset by a 1.8 percent reduction in the tax reduction resulting from the enactment of Public Laws 107-16, 108-27, and 108-311 for taxpayers with income in excess of $1 million for calendar year 2007.

Mr. Rogers (KY) raised a point of order against the motion to recommit with instructions. The provisions of the instructions contained in the motion to recommit violate the Rules of the House by constituting legislation in an appropriations bill. Sustained by the Chair.

Point of order sustained against the motion to recommit with instructions.

Mrs. Lowey appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.

Mr. Rogers (KY) moved to table the appeal of the ruling of the Chair.

On motion to table the appeal of the ruling of the Chair Agreed to by recorded vote: 207 - 191, 2 Present (Roll no. 225).

On passage Passed by the Yeas and Nays: 389 - 9 (Roll no. 226).

Motion to reconsider laid on the table Agreed to without objection.

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5441.

Received in the Senate and Read twice and referred to the Committee on Appropriations.

Committee on Appropriations Subcommittee on Homeland Security. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

Committee on Appropriations. Ordered to be reported with an amendment in the nature of a substitute favorably.

Committee on Appropriations. Reported by Senator Gregg with an amendment in the nature of a substitute. With written report No. 109-273.

Placed on Senate Legislative Calendar under General Orders. Calendar No. 503.

Measure laid before Senate by unanimous consent.

The committee substitute agreed to by Unanimous Consent.

Considered by Senate.

Considered by Senate.

Considered by Senate.

Passed Senate with an amendment by Yea-Nay Vote. 100 - 0. Record Vote Number: 203.

Senate insists on its amendment, asks for a conference, appoints conferees Gregg; Cochran; Stevens; Specter; Domenici; Shelby; Craig; Bennett; Allard; Byrd; Inouye; Leahy; Mikulski; Kohl; Murray; Reid; Feinstein.

Message on Senate action sent to the House.

Mr. Rogers (KY) moved that the House disagree to the Senate amendment, and agree to a conference.

On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to by voice vote.

The Speaker appointed conferees: Rogers (KY), Wamp, Latham, Emerson, Sweeney, Kolbe, Istook, Crenshaw, Carter, Lewis (CA), Sabo, Price (NC), Serrano, Roybal-Allard, Bishop (GA), Berry, Edwards, and Obey.

Motion to reconsider laid on the table Agreed to without objection.

Conferees agreed to file conference report.

Conference report H. Rept. 109-699 filed.

Mr. Rogers (KY) brought up conference report H. Rept. 109-699 for consideration under the provisions of H. Res. 1054.

DEBATE - The House proceeded with one hour of debate on H.R. 5441.

DEBATE - The House resumed debate on H.R. 5441.

POSTPONED PROCEEDINGS - At the conclusion of the debate on the Conference Report to accompany H.R. 5441, the Chair announced that pursuant to the Rules of the House, the Yeas and Nays were ordered. Subsequently, the Chair postponed further proceedings on the question of adoption on the Conference Report until later in the legislative day.

The House proceeded to consider the conference report H.Rept. 109-699 as unfinished business.

Motions to reconsider laid on the table Agreed to without objection.

On agreeing to the conference report Agreed to by the Yeas and Nays: 412 - 6 (Roll no. 509).

Conference papers: Senate report and manager's statement and message on House action held at the desk in Senate.

Senate agreed to conference report by Voice Vote.

Message on Senate action sent to the House.

Cleared for White House.

Presented to President.

Signed by President.

Became Public Law No: 109-295.