[House Report 111-107]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-107
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2346) MAKING SUPPLEMENTAL
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND FOR
OTHER PURPOSES
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May 13, 2009.--Referred to the House Calendar and ordered to be
printed
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Mr. Perlmutter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 434]
The Committee on Rules, having had under consideration
House Resolution 434, by a non-record vote, 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. 2346, the
``Supplemental Appropriations Act, 2009,'' under a closed rule.
The resolution provides for one hour of debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Appropriations.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the amendment
printed in this report shall be considered as adopted. The
resolution provides that the bill, as amended, shall be
considered as read. The resolution waives all points of order
against provisions in the bill, as amended. This waiver does
not affect the point of order available under clause 9 of rule
XXI (regarding earmark disclosure). Finally, the resolution
provides one motion to recommit the bill with or without
instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except those arising under clause 9 or 10 of rule
XXI) includes a waiver of: (1) clause 4(a) of rule XIII
(requiring a three-day layover of the committee report), (2)
clause 4(c) of rule XIII (requiring a three-day layover of
printed committee hearings), and (3) section 306 of the Budget
Act (regarding provisions within the jurisdiction of the Budget
Committee).
The waiver of all points of order against the bill, as
amended, includes a waiver of clause 2 of rule XXI (prohibiting
unauthorized appropriations or legislative provisions in an
appropriations bill) because the bill, as amended, contains
unauthorized appropriations and legislative provisions.
COMMITTEE VOTES
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. 91
Date: May 13, 2009.
Measure: H.R. 2346.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Wolf (VA), #11, which would
place a moratorium on the transfer or release of detainees
until October 1, 2009, and require a plan for each detainee to
be transferred or released into the United States.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea;
Slaughter--Nay.
Rules Committee record vote No. 92
Date: May 13, 2009.
Measure: H.R. 2346.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Biggert (IL), #7, which would
increase the across-the-board military personnel pay raise from
3.9% to 4.4% effective retroactively from January 1, 2009.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea;
Slaughter--Nay.
Rules Committee record vote No. 93
Date: May 13, 2009.
Measure: H.R. 2346.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Lewis, Jerry (CA), #13, which
would revise the language relating to the Pakistan
Counterinsurgency Fund so that the language in the bill would
be consistent with the language and manner in which the
President requested these funds.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea;
Slaughter--Nay.
Rules Committee record vote No. 94
Date: May 13, 2009.
Measure: H.R. 2346.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Kingston (GA), #1, which would
bar funds to enter into a contract with an entity that is
eligible to participate, but has not elected to participate in
the E-Verify Program.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea;
Slaughter--Nay.
Rules Committee record vote No. 95
Date: May 13, 2009.
Measure: H.R. 2346.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Rogers, Harold (KY), #14,
which would shift $200 million in the bill away from foreign
assistance and put it toward various U.S. Federal, State and
local law enforcement agencies and border security programs to
combat Mexican drug cartels and border violence along the U.S.
border.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea;
Slaughter--Nay.
Rules Committee record vote No. 96
Date: May 13, 2009.
Measure: H.R. 2346.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea;
Slaughter--Nay.
TEXT OF AMENDMENT CONSIDERED AS ADOPTED
Page 72, after line 18, insert the following (and redesignate
the subsequent section accordingly):
RESTRICTIONS AND REQUIREMENTS REGARDING THE TRANSFER AND RELEASE OF
GUANTANAMO BAY DETAINEES
Sec. 30004. (a) None of the funds made available in this or
any prior Act may be used to release an individual who is
detained, as of April, 30, 2009, at Naval Station, Guantanamo
Bay, Cuba, into the continental United States, Alaska, Hawaii,
or the District of Columbia.
(b) None of the funds made available in this or any prior
Act may be used to transfer an individual who is detained, as
of April, 30, 2009, at Naval Station, Guantanamo Bay, Cuba,
into the continental United States, Alaska, Hawaii, or the
District of Columbia, for the purposes of detaining or
prosecuting such individual until 2 months after the plan
detailed in subsection (c) is received.
(c) The President shall submit to the Congress, in writing, a
comprehensive plan regarding the proposed disposition of each
individual who is detained, as of April, 30, 2009, at Naval
Station, Guantanamo Bay, Cuba, who is not covered under
subsection (d). Such plan shall include, at a minimum, each of
the following for each such individual:
(1) The findings of an analysis regarding any risk to
the national security of the United States that is
posed by the transfer of the individual.
(2) The costs associated with not transferring the
individual in question.
(3) The legal rationale and associated court demands
for transfer.
(4) A certification by the President that any risk
described in paragraph (1) has been mitigated, together
with a full description of the plan for such
mitigation.
(5) A certification by the President that the
President has submitted to the Governor and legislature
of the State to which the President intends to transfer
the individual a certification in writing at least 30
days prior to such transfer (together with supporting
documentation and justification) that the individual
does not pose a security risk to the United States.
(d) None of the funds made available in this or any prior Act
may be used to transfer or release an individual detained at
Naval Station, Guantanamo Bay, Cuba, as of April 30, 2009, to
the country of such individual's nationality or last habitual
residence or to any other country other than the United States,
unless the President submits to the Congress, in writing, at
least 30 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or
released and the country to which such individual is to
be transferred or released.
(2) An assessment of any risk to the national
security of the United States or its citizens,
including members of the Armed Services of the United
States, that is posed by such transfer or release and
the actions taken to mitigate such risk.
(3) The terms of any agreement with another country
for acceptance of such individual, including the amount
of any financial assistance related to such agreement.