[House Report 111-208]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-208

======================================================================

 
      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3170) MAKING 
 APPROPRIATIONS FOR FINANCIAL SERVICES AND GENERAL GOVERNMENT FOR THE 
     FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES

                                _______
                                

   July 14, 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. 644]

    The Committee on Rules, having had under consideration 
House Resolution 644, by a record vote of 7 to 4, 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. 3170, the 
Financial Services and General Government Appropriations Act, 
2010, under a structured rule. The resolution provides one hour 
of general 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 clauses 9 or 10 of rule 
XXI. The resolution provides that the bill shall be considered 
as read through page 145, line 11. The resolution waives points 
of order against provisions in the bill for failure to comply 
with clause 2 of rule XXI.
    The resolution makes in order the amendments printed in 
this report. The resolution provides that each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for 10 minutes equally 
divided and controlled by the proponent and an opponent, and 
shall not be subject to a demand for division of the question 
in the House or in the Committee of the Whole. All points of 
order against such amendments are waived except those arising 
under clause 9 or 10 of rule XXI.
    The resolution provides that for those amendments reported 
from the Committee of the Whole, the question of their adoption 
shall be put to the House en gros and without demand for 
division of the question. The resolution provides one motion to 
recommit with or without instructions.
    The resolution provides that after disposition of the 
amendments specified in the first section of the resolution, 
the chair and ranking minority member of the Committee on 
Appropriations or their designees each may offer one pro forma 
amendment to the bill for the purpose of debate, which shall be 
controlled by the proponent. The resolution provides that the 
Chair may entertain a motion that the Committee rise only if 
offered by the chair of the Committee on Appropriations or his 
designee and that the Chair may not entertain a motion to 
strike out the enacting words of the bill (as described in 
clause 9 of rule XVIII). Finally, the resolution provides that 
during consideration of the bill, the Chair may reduce to two 
minutes the minimum time for electronic voting.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the consideration 
of the bill (except clauses 9 and 10 of rule XXI), includes a 
waiver of clause 4(c) of rule XIII (requiring a three-day 
layover of printed committee hearings).
    The rule waives clause 2 of rule XXI (prohibiting 
unauthorized appropriations or legislative provisions in an 
appropriations bill) because the bill 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. 192

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 193

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Reps. Boehner (OH), Frelinghuysen 
(NJ), Lewis, Jerry (CA), Emerson (MO), Issa (CA), Chaffetz 
(UT), Kline, John (MN), Ehlers (MI), Souder (IN), Bishop, Rob 
(UT), Franks (AZ), Akin (MO), Cao (LA), Fleming (LA), Cassidy 
(LA), Linder (GA), Lamborn (CO), Manzullo (IL), McKeon (CA), 
King, Steve (IA), Cantor (VA), Pitts (PA), Johnson, Sam (TX), 
McMorris Rodgers (WA), Price, Tom (GA) and McHenry (NC), #87, 
which would ensure that low-income DC students are able to 
receive a scholarship through the D.C. Opportunity Scholarship 
Program by removing the requirement that students must be OSP 
recipients during the 2009-2010 school year.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 194

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Lewis, Jerry (CA), #9, which 
would prevent funds from being used to implement Executive 
Order 13492 (74 Fed. Reg. 4897, relating to the disposition of 
individuals detained at Guantanamo Bay).
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 195

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Tiahrt (KS), #55, which would 
prohibit the use of funds for the salaries or expenses of 
personnel who obligate funds made available for measures 
necessary to convert GSA facilities to High-Performance Green 
Buildings under Title V of Division A of the American Recovery 
and Reinvestment Act (P.L. 111-5).
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 196

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an en bloc amendment consisting of the following 
amendments, separately debatable, by Rep. Sessions (TX): #33, 
which would deny the use of any funds for salaries and expenses 
of the Executive Office of the President, unless the President 
keeps and makes publicly available detailed records of any 
contact with General Motors Corporation after their discharge 
under Title 11, U.S.C.; #34, which would strike Sec. 734, which 
prohibits any funds from being used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal 
employees pursuant to Office of Management and Budget Circular 
A-76; and #35, which would expand Sec. 743 reporting 
requirements to equally consider both the conversion of 
contractor services to Federal employees and Federal employee 
services to contractors, rather than just the conversion of 
private sector jobs to Federal employees.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 197

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Kingston (GA), #49, which 
would prohibit funds in this bill from being used to pay the 
salaries of ``czars'' which are not confirmed by the Senate.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 198

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Reps. Tiahrt (KS), Davis, Lincoln 
(TN), Shuler (NC), Jordan (OH), Stupak (MI), Smith, Christopher 
(NJ), Costello (IL), Pitts (PA), Marshall (GA) and Bachmann 
(MN), #59, which would reinstate the prohibition on all public 
funding of abortions within the District of Columbia.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 199

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Reps. Walden (OR) and Pence (IN), 
#46, which would prohibit funds made available in the Act from 
being used to implement the Fairness Doctrine and certain 
broadcast localism regulations.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 200

    Date: July 14, 2009.
    Measure: H.R. 3170.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 7-4.
    Vote by Members: McGovern--Yea; Hastings--Yea; Matsui--Yea; 
Cardoza--Yea; Arcuri--Yea; Polis--Yea; Dreier--Nay; Diaz-
Balart--Nay; Sessions--Nay; Foxx--Nay; Slaughter--Yea.

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Serrano (NY): Would (1) increase FY 2010 funding for the 
Consumer Product Safety Commission by $4,875,000 to the auth 
level of $118,200,000. FY 2010 funding under GSA Federal 
Buildings Fund will be reduced by the same amount; (2) transfer 
$250,000 from the GSA's Federal Building Fund operations 
account to the National Credit Union Administration's Community 
Development Revolving Loan Fund; and (3) prohibit the use of 
funds for first-class travel for employees of agencies funded 
by the bill, in contravention of Federal regulations.
    2. Paulsen (MN): Would increase the appropriation for the 
Financial Crimes Enforcement Network (FinCEN) of the Treasury 
Department by $15 million and offsets from the GSA Rent Account 
by the same amount.
    3. Price, Tom (GA): Would strike funding for the 
President's Council of Economic Advisers ($4.2 million).
    4. Emerson (MO): Would reduce funding for the Help America 
Vote Act by $50 million.
    5. Blackburn (TN): Would provide that each amount 
appropriated or otherwise made available by the Act that is not 
required to be appropriated or otherwise made available by a 
provision of law is hereby reduced by 5 percent.
    6. Broun (GA): Would prohibit funding made available in 
this bill from paying the salaries of specific positions in the 
Council on Environmental Quality.
    7. Flake, Jeff (AZ): Would prohibit $100,000 from being 
used for the small business incubator project of the University 
of West Georgia in Carrollton, Georgia, and reduce the amount 
of Section 511 of the bill by the same amount.
    8. Flake, Jeff (AZ): Would prohibit $200,000 from being 
used for the Commercial Driver Training Institute project of 
Arkansas State University in Newport, Arkansas, and reduce the 
amount of Section 511 of the bill by the same amount.
    9. Flake, Jeff (AZ): Would prohibit $285,000 from being 
used for the Proof of Concept Center of Idaho TechConnect, 
Inc., in Nampa, Idaho, and reduce the amount of Section 511 of 
the bill by the same amount.
    10. Flake, Jeff (AZ): Would prohibit $200,000 from being 
used for the Greenstone Group project of the Northeast 
Entrepreneur Fund in Virginia, Minnesota, and reduce the amount 
of Section 511 of the bill by the same amount.
    11. Flake, Jeff (AZ): Would prohibit $150,000 from being 
used for the Green Business Incubator Project of Montgomery 
County, Maryland, and reduce the amount of Section 511 of the 
bill by the same amount.
    12. Flake, Jeff (AZ): Would prohibit $100,000 from being 
used for the Activity Based Total Accountability project of the 
Florida Institute of Technology, and reduce the amount of 
section 511 of the bill by the same amount.
    13. Flake, Jeff (AZ): Would prohibit $90,000 from being 
used for the Commercial Kitchen Business Incubator project of 
the El Pajaro Community Development Corporation in Watsonville, 
California, and reduce the amount of section 511 of the bill by 
the same amount.
    14. Flake, Jeff (AZ): Would prohibit $125,000 from being 
used for the Defense Procurement Assistance Program of the 
Economic Growth Connection of Westmoreland in Greensburg, 
Pennsylvania, and reduce the amount of section 511 of the bill 
by the same amount.
    15. Flake, Jeff (AZ): Would prohibit $100,000 from being 
used for the Myrtle Beach International Trade and Conference 
Center of the City of Myrtle Beach, South Carolina, and reduce 
the amount of section 511 of the bill by the same amount.
    16. Flake, Jeff (AZ): Would prohibit $100,000 from being 
used for the Tech Belt Life Sciences Greenhouse project of the 
Pittsburgh Life Sciences Greenhouse in Pittsburgh, 
Pennsylvania, and reduce the amount of section 511 of the bill 
by the same amount.
    17. Flake, Jeff (AZ): Would prohibit $900,000 from being 
used for an infrastructure expansion project to promote small 
business of the City of Loma Linda and the City of Grand 
Terrace, California, and reduce the amount of section 511 of 
the bill by the same amount.

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Serrano of New York, or 
                              His Designee

  Page 57, line 24, insert ``(increased by $4,875,000)'' after 
the dollar amount.
  Page 64, line 5, insert ``(reduced by $5,125,000'' after the 
first dollar amount.
  Page 68, line 11, insert ``(reduced by $2,875,000)'' after 
the dollar amount.

  Page 68, line 13, insert ``(reduced by $2,250,000)'' after 
the dollar amount.
  Page 79, line 21, insert ``(increased by $250,000)'' after 
the dollar amount.
  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds made available in this Act may 
be used for first-class travel by the employees of Federal 
departments and agencies in contravention of sections 301-
10.122 through 301--10.124 of title 41, Code of Federal 
Regulations.
                              ----------                              


 2. An Amendment To Be Offered by Representative Paulsen of Minnesota, 
                            or His Designee

  Page 6, line 25, after the dollar amount insert ``(increased 
by $15,000,000)''.
  Page 63, line 6, after the dollar amount insert ``(reduced by 
$15,000,000)''.
  Page 64, line 5, after the first dollar amount insert 
``(reduced by $15,000,000)''.
  Page 68, line 11, after the dollar amount insert ``(reduced 
by $15,000,000)''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Tom Price of Georgia, 
                            or His Designee

  Page 24, strike lines 1 through 5.
                              ----------                              


4. An Amendment To Be Offered by Representative Emerson of Missouri, or 
                              Her Designee

  Page 58, line 19, insert ``(reduced by $50,000,000)'' after 
the dollar amount.
  Page 58, line 20, insert ``(reduced by $50,000,000)'' after 
the dollar amount.
                              ----------                              


5. An Amendment To Be Offered by Representative Blackburn of Tennessee, 
                            or Her Designee

  At the end of the bill (before the short title) insert the 
following:

                    TITLE IX--FIVE PERCENT REDUCTION

  Sec. 901.  Each amount appropriated or otherwise made 
available by this Act that is not required to be appropriated 
or otherwise made available by a provision of law is hereby 
reduced by 5 percent.
                              ----------                              


 6. An Amendment To Be Offered by Representative Broun of Georgia, or 
                              His Designee

  At the end of the bill (before the short title) insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds made available in this Act may 
be used for the salary of the Assistant to the President on 
Energy and Climate Change, the Deputy Assistant to the 
President on Energy and Climate Change, or any position in the 
Council on Environmental Quality.
                              ----------                              


 7. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for a small business incubator project of the 
University of West Georgia in Carrollton, Georgia, and the 
amount otherwise provided in such section is hereby reduced by 
$100,000.
                              ----------                              


 8. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Commercial Driver Training Institute 
project of Arkansas State University in Newport, Arkansas, and 
the amount otherwise provided in such section is hereby reduced 
by $200,000.
                              ----------                              


 9. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Proof of Concept Center of Idaho 
TechConnect, Inc., in Nampa, Idaho, and the amount otherwise 
provided in such section is hereby reduced by $285,000.
                              ----------                              


 10. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Greenstone Group project of the Northeast 
Entrepreneur Fund in Virginia, Minnesota, and the amount 
otherwise provided in such section is hereby reduced by 
$200,000.
                              ----------                              


 11. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Green Business Incubator project of 
Montgomery County, Maryland, and the amount otherwise provided 
in such section is hereby reduced by $150,000.
                              ----------                              


 12. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Activity Based Total Accountability 
project of the Florida Institute of Technology in Melbourne, 
Florida, and the amount otherwise provided in such section is 
hereby reduced by $100,000.
                              ----------                              


 13. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Commercial Kitchen Business Incubator 
project of the El Pajaro Community Development Corporation in 
Watsonville, California, and the amount otherwise provided in 
such section is hereby reduced by $90,000.
                              ----------                              


 14. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Defense Procurement Assistance Program of 
the Economic Growth Connection of Westmoreland in Greensburg, 
Pennsylvania, and the amount otherwise provided in such section 
is hereby reduced by $125,000.
                              ----------                              


 15. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Myrtle Beach International Trade and 
Conference Center of the City of Myrtle Beach, South Carolina, 
and the amount otherwise provided in such section is hereby 
reduced by $100,000.
                              ----------                              


 16. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 for 
``Small Business Administration--Salaries and Expenses'' shall 
be available for the Tech Belt Life Sciences Greenhouse project 
of the Pittsburgh Life Sciences Greenhouse in Pittsburgh, 
Pennsylvania, and the amount otherwise provided in such section 
is hereby reduced by $100,000.
                              ----------                              


 17. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

                                TITLE IX


                     ADDITIONAL GENERAL PROVISIONS

  Sec. 901.  None of the funds provided in section 511 ``Small 
Business Administration--Salaries and Expenses'' shall be 
available for an infrastructure expansion project to promote 
small business of the City of Loma Linda and the City of Grand 
Terrace, California, and the amount otherwise provided in such 
section is hereby reduced by $900,000.

                                  
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