[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

                                _______
                                

    May 13, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  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.

                                  
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