[House Report 111-222]
[From the U.S. Government Publishing Office]
111th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 111-222
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3293) MAKING
APPROPRIATIONS FOR THE DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES
_______
July 23, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Hastings, from the Committee on Rules submitted the following
R E P O R T
[To accompany H. Res. 673]
The Committee on Rules, having had under consideration
House Resolution 673, 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. 3293, the
Departments of Labor, Health and Human Services, and Education,
and Related Agencies 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 134, line 12. 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 the time specified
in this report 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 consideration of
the bill (except those arising under clauses 9 or 10 of rule
XXI) includes waivers of (1) section 302(f) of the
Congressional Budget Act (regarding consideration of
legislation providing new budget authority in excess of a
subcommittee's 302(b) allocation of such authority) and (2)
clause 4 of rule XIII (requiring a three-day layover of the
committee report and requiring the three-day availability of
printed hearings on a general appropriations bill).
The rule waives clause 2 of rule XXI (prohibiting
unauthorized appropriations or legislative provisions in an
appropriations bill) against provisions in the bill.
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. 225
Date: July 23, 2009.
Measure: H.R. 3293.
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;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 226
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Dreier.
Summary of motion: To amend the description of the Obey
amendment to be included in the accompanying report to
separately list any amendment previously submitted which was
later included in the Obey amendment as revised including the
name of the sponsor of such amendment.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 227
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Reps. Lewis, Jerry (CA) and Paulsen
(MN), #10, which would prohibit any funds in the bill from
being used by the Secretary of Health and Human Services to
promulgate, issue, implement, administer or enforce any
regulation with respect to a program of health insurance that
did not exist as of July 15, 2009.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 228
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Reps. Tiahrt (KS), Herger (CA) and
Roe (TN), #11, which would prohibit any funds in the bill from
being used to make coverage or reimbursement decisions in any
government-run health insurance program (including Medicare,
Medicaid, SCHIP) if those decisions are based on comparative
effectiveness research.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 229
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Camp (MI), #12, which would
disallow funds from being used by any entity that is not the
Centers for Medicare & Medicaid Services to set Medicare prices
for benefits under Medicare Parts A (hospital insurance) and B
(medical insurance).
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 230
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Kingston (GA), #17, which
would allocate $20 million for technology-based reviews from
the $50 million provided for the purpose of conducting improper
Unemployment Insurance payment reviews.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 231
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Reps. Kline, John (MN) and Tiahrt
(KS), #23, which would increase funding for IDEA Grants to
States by $1 billion to help meet the federal commitment to
provide 40% of the excess cost of educating disabled children.
The amendment is offset by: (1) reducing the increases proposed
for the Corporation for National and Community Service and new
grant awards under the Fund for the Improvement of Education;
(2) eliminating the Global AIDS Fund transfer to USAID; (3)
eliminating funding for new programs such as the proposed
Career Pathways Innovative Fund, Green Jobs, Workforce Data
Quality Initiative and the National Teacher Recruitment
Campaign; and (4) eliminating funding for lower priority
programs such as Teaching of Traditional American History,
Smaller Learning Communities and Education Technology State
Grants.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 232
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA) and Stearns
(FL), #26, which would prohibit funding in the bill from being
made available to ACORN or any of its affiliate organizations.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 233
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Reps. Graves (MO) and Bonner (AL),
#27, which would prohibit funds from being used to establish a
Federal health insurance mandate on small businesses (as
defined in section 3 of the Small Business Act (15 U.S.C.
632)).
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 234
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Reps. Carter (TX) and Burton (IN),
#5, which would block federal appropriations from being used to
implement a plan at Department of Education that would
promulgate, amend, or repeal any regulations pertaining to the
Federal Family Education Lending Program (FFELP).
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 235
Date: July 23, 2009.
Measure: H.R. 3293.
Motion by: Mr. Hastings.
Summary of motion: To report the rule.
Results: Adopted 7-4.
Vote by Members: McGovern--Yea; Hastings--Yea; Matsui--Yea;
Arcuri--Yea; Perlmutter--Yea; Pingree--Yea; Polis--Yea;
Dreier--Nay; Diaz-Balart--Nay; Sessions--Nay; Foxx--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Obey (WI): Would (1) increase funding for the Careers
Pathways Innovation Fund by $5 million, offset by a $5 million
decrease to the funding for the Green Jobs Fund, both within
the Training and Employment Services account in the Department
of Labor; (2) increase funding for the Health Resources and
Services Administration by $1 million for the Emergency Medical
Services for Children program, offset by a $1 million decrease
to the funding for Department of Labor Departmental Management;
(3) increase funding for the Centers for Disease Control and
Prevention National Center for Health Statistics by $1 million
to support the collection of vital statistics data, offset by a
$1 million decrease to the funding for HHS General Departmental
Management; (4) make a technical correction by inserting the
legal citation (title IV of the Public Health Service Act)
within the HHS Office of the Secretary for the Caroline Pryce
Walker Conquer Childhood Cancer Act of 2008; (5) increase
funding for Mathematics and Science Partnership program in the
School Improvement Programs account of the Department of
Education by $5 million, offset by a reduction to the Fund for
the Improvement of Education in the Innovation and Improvement
account of the Department of Education; (6) provide $6.965
million for the Reach Out and Read program within the Fund for
the Improvement of Education in the Innovation and Improvement
account of the Department of Education; (7) increase by $10
million the funding that may be used for grants to charter
management organizations to replicate successful charter models
within the Charter School program under the Innovation and
Improvement Account in the Department of Education; (8) provide
$1 million for Modeling and Simulation programs authorized
under section 891 of the Higher Education Act in the Higher
Education account in the Department of Education, offset by a
reduction to the Fund for the Improvement of Education in the
Innovation and Improvement account of the Department of
Education; (9) include a prohibition on the use of funds in
this Act to purchase light bulbs unless the light bulbs are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation; and (10) include a
prohibition on the use of funds in this Act for first-class
travel by the employees of agencies funded by this Act in
contravention of Federal travel regulations. (20 minutes)
2. Souder (IN): Would prohibit funding for any program
which distributes sterile needles or syringes for the
hypodermic injection of any illegal drug. (20 minutes)
3. Issa (CA): Would prohibit the National Institute of
Health (NIH) from funding three grants that research alcohol
and substance use and the increased HIV risks they may raise
among prostitutes in Thailand and China and hospitalized
Russian alcoholics. (10 minutes)
4. Pence (IN)/Cao (LA)/Franks (AZ)/Lamborn (CO)/Terry (NE)/
Pitts (PA)/Smith (NJ)/Latta (OH): Would provide that none of
the funds in the bill be available to Planned Parenthood for
any purpose under title X of the Public Health Services Act
(Population Research and Voluntary Family Planning Programs).
(10 minutes)
5. Wittman (VA)/Price, Tom (GA)/Blackburn (TN)/Jordan (OH)/
Broun (GA)/Bishop, Rob (UT)/Burton (IN)/Cassidy (LA)/Chaffetz
(UT)/Conaway (TX)/Goodlatte (VA)/Inglis (SC)/Lamborn (CO)/
Lummis (WY)/Neugebauer (TX)/Sessions (TX)/Herger (CA)/McMorris
Rodgers (WA)/Stearns (FL)/Johnson, Sam (TX): Would reduce
appropriations in the bill by $803,270,000. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Obey, of Wisconsin, or
His Designee, Debatable for 20 Minutes
Page 8, line 3, insert ``(reduced by $5,000,000)'' after the
dollar amount.
Page 8, line 12, insert ``(increased by $5,000,000)'' after
the dollar amount.
Page 26, line 24, insert ``(reduced by $1,000,000)'' after
the first dollar amount.
Page 33, line 14, insert ``(increased by $1,000,000)'' after
the first dollar amount.
Page 39, line 10, insert ``(increased by $1,000,000)'' after
the aggregate dollar amount.
Page 40, line 10, insert ``(increased by $1,000,000)'' after
the dollar amount.
Page 40, line 12, insert ``(reduced by $1,000,000)'' after
the dollar amount.
Page 65, line 13, after ``III,'' insert ``IV,''.
Page 65, line 17, insert ``(reduced by $1,000,000)'' after
the aggregate dollar amount.
Page 84, line 17, insert ``(increased by $5,000,000)'' after
the aggregate amount.
Page 84, line 18, insert ``(increased by $5,000,000)'' after
the dollar amount.
Page 86, line 25, insert ``(reduced by $6,000,000)'' after
the aggregate dollar amount.
Page 87, line 9, insert ``(reduced by $9,000,000)'' after the
dollar amount.
Page 88, line 24, insert ``(increased by $10,000,000)''.
Page 90, line 6, insert before the period at the end the
following: ``: Provided further, That $6,965,000 of the funds
available to carry out subpart I of part D of title V of the
ESEA shall be used for the Reach Out and Read program''.
Page 97, line 18, insert ``(increased by $1,000,000)'' after
the first dollar amount.
Page 100, line 2, after the colon, insert the following:
``Provided further, That of the funds available under part B of
title VII of the HEA, $1,000,000 shall be used to implement
section 891 of the HEA:''.
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available in this Act may be
used to purchase light bulbs unless the light bulbs are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. __. None of the funds made available in this Act may be
used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301-10.124 of title
41, Code of Federal Regulations.
----------
2. An Amendment To Be Offered by Representative Souder of Indiana, or
His Designee, Debatable for 20 Minutes
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may be
used to provide individuals with hypodermic needles or syringes
under section 300ee-5 of title 42, United States Code.
----------
3. An Amendment To Be Offered by Representative Issa of California, or
His Designee, Debatable for 10 Minutes
At the end of the bill (before the short title), insert the
following:
Sec. 524. (a) None of the funds provided in this Act under
the heading ``National Institutes of Health--National Institute
on Drug Abuse'' shall be available for grant number
1R21DA026324-01A1 (Substance Use and HIV Risk among Thai
Women).
(b) None of the funds provided in this Act under the heading
``National Institutes of Health--National Institute on Alcohol
Abuse and Alcoholism'' shall be available for grant number
1R01AA018090-01 (Venue-based HIV and alcohol use risk reduction
among female sex workers in China), or grant number
5R01AA016059-03 (Maximizing Opportunity--HIV Prevention in
Hospitalized Russian Drinkers).
----------
4. An Amendment To Be Offered by Representative Pence of Indiana, or
His Designee, Debatable for 10 Minutes
At the end of the bill (before the short title), insert the
following:
Sec. 5__. None of the funds made available under this Act
shall be available to Planned Parenthood for any purpose under
title X of the Public Health Services Act.
----------
5. An Amendment To Be Offered by Representative Wittman of Virginia, or
His Designee, Debatable for 10 Minutes
At the end of the bill, before the short title, insert the
following:
Sec. 524. Appropriations made in this Act are hereby reduced
in the amount of $803,270,000.