[House Report 111-20]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-20
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1105) MAKING OMNIBUS
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND FOR
OTHER PURPOSES
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February 24, 2009.--Referred to the House Calendar and ordered to be
printed
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Mr. McGovern, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 184]
The Committee on Rules, having had under consideration
House Resolution 184, by a nonrecord 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. 1105, the
``Omnibus 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 and that
the bill, as amended, shall be considered as read. The
resolution waives all points of order against the bill, as
amended. This waiver does not affect the point of order
available under clause 9 of rule XXI (regarding earmark
disclosure). The resolution provides one motion to recommit
with or without instructions. Finally, the resolution lays on
the table House Resolution 158.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for clauses 9 and 10 of rule XXI) includes a
waiver of Section 302(f) of the Congressional Budget Act,
prohibiting consideration of legislation providing new budget
authority in excess of a subcommittee's 302(b) allocation of
such authority. Although the rule waives all points of order
against the bill, as amended, the Committee is not aware of any
points of order against the bill, as amended. The waiver is
prophylactic.
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. 28
Date: February 24, 2009.
Measure: H.R. 1105.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Diaz-Balart, Lincoln (FL),
#11, which would strike the section providing general license
for travel to, from, or within Cuba for the marketing and sale
of agricultural and medical goods, and would strike a section
prohibiting the use of funds to administer, implement or
enforce federal regulations on family travel to Cuba and the
sale of agricultural goods to Cuba.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 29
Date: February 24, 2009.
Measure: H.R. 1105.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Diaz-Balart, Lincoln (FL),
#10, which would increase funding for Cuba democracy assistance
programs by $20 million, offsetting such funds from the general
State Department budget.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 30
Date: February 24, 2009.
Measure: H.R. 1105.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Pence, Mike (IN), #4, which
would prohibit the use of funds to be used by the Federal
Communications Commission to implement the Fairness Doctrine,
as repealed in General Fairness Doctrine Obligations of
Broadcast Licensees or any other regulations having the same
substances.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 31
Date: February 24, 2009.
Measure: H.R. 1105.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Dent, Charles (PA), #17, which
would provide that the total amount of discretionary
appropriations provided in the FY2009 Omnibus Appropriations
Act shall not exceed the FY08 funding levels by more than the
percentage increase in the Consumer Price Index for All Urban
Consumers during 2008 which amounts to 3.8%.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 32
Date: February 24, 2009.
Measure: H.R. 1105.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Schmidt, Jean (OH), #19, which
would modify Department of Energy loan guarantee requirements
pertaining to nuclear energy.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 33
Date: February 24, 2009.
Measure: H.R. 1105.
Motion by: Dr. Foxx.
Summary of motion: To make in order en bloc and provide
appropriate waivers for an amendment by Rep. Smith, Christopher
(NJ), #12, which would require consistent application of the
provision against funding for organizations that, as determined
by the President, support or participate in the management of a
program of coercive abortion or involuntary sterilization; and
an amendment by Rep. Smith, Christopher (NJ), #13, which would
limit population assistance to organizations that do not
provide abortion or lobby for the legalization of abortion.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 34
Date: February 24, 2009.
Measure: H.R. 1105.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Goodlatte, Bob (VA), #6, which
would prevent funds in the bill from being used to exercise the
power of eminent domain to take private property from a private
entity and give that property to another private entity, except
for certain enumerated uses, such as highways, prisons, public
utilities, and in cases of national emergencies or national
disasters declared by the President.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED
The amendment would block the automatic cost-of-living
adjustment due to be provided to Members of Congress in 2010.
TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED
Page 1122, after line 5, add the following:
Sec. 103. Notwithstanding any provision of section 601(a)(2)
of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)),
the percentage adjustment scheduled to take effect under any
such provision in calendar year 2010 shall not take effect.