[Congressional Record Volume 156, Number 114 (Friday, July 30, 2010)]
[House]
[Pages H6492-H6493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
POINT OF ORDER
Mr. HASTINGS of Washington. Mr. Speaker, I raise a point of order.
The SPEAKER pro tempore. The gentleman will state his point of order.
Mr. HASTINGS of Washington. Mr. Speaker, I raise a point of order
against consideration of H.R. 3534 because it does not comply with
clause 9(a) of rule XXI, because the committee report to accompany the
measure does not contain a statement that this bill contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits.
I would point the Speaker to page 125 of the accompanying report. The
report contains a statement that H.R. 3435 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits. That is not the proposition that we are considering today.
Today we are considering H.R. 3534, the Consolidated Land, Energy, and
Aquatic Resources Act of 2009. However, the proposition identified in
the committee report is H.R. 3435, a bill making supplemental
appropriations for fiscal year 2009 for the Consumer Assistance to
Recycle and Save program. As it happens, that measure was signed into
law on August 7, 2009, and is Public Law 111-47. So it cannot be the
proposition that we are considering today.
Clause 9(a) of rule XXI prohibits the consideration of ``a bill or
joint resolution reported by a committee unless the report includes a
statement that the proposition contains no congressional earmarks,
limited tax benefits, or limited tariff benefits.'' The rule specifies
``the'' proposition, not ``a'' proposition. Thus the statement in the
committee report fails to meet the test because it describes a
proposition rather than the one which is the subject of the report.
Normally, clause 9(d) would preclude the Chair from even entertaining
this point of order. However, it also specifies ``the'' proposition and
not ``a'' proposition and thus is inapplicable in this case.
I would also note that the rule providing for consideration of H.R.
3534 specifically exempts clause 9 of rule
[[Page H6493]]
XXI from the waiver of all points of order against consideration of the
bill; so the bill is exposed to this point of order.
Accordingly, Mr. Speaker, I insist on my point of order.
The SPEAKER pro tempore. Does the gentleman from West Virginia seek
to argue the point of order?
Mr. RAHALL. No, Mr. Speaker.
The SPEAKER pro tempore. The Chair is prepared to rule.
The gentleman from Washington makes a point of order that the bill
violates clause 9(a) of rule XXI. Under clause 9(a) of rule XXI it is
not in order to consider a bill or a joint resolution unless the
committee report on the measure includes a list of congressional
earmarks, limited tax benefits, or limited tariff benefits contained in
the measure, or a statement that the measure contains no such earmarks
or benefits.
The Chair has examined the relevant committee report, House Report
111-575, and finds that it contains on page 125 a statement with regard
to another measure, H.R. 3435, but not a statement with regard to this
bill, H.R. 3534.
Accordingly, the point of order is sustained. Consideration of the
bill is not in order.
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