[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

                                _______
                                

 February 24, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   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.

                                  
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