[House Report 111-222]
[From the U.S. Government Publishing Office]


111th Congress  }                                           {    Report
  1st Session   }        HOUSE OF REPRESENTATIVES           {   111-222
                                                     
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      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.

                                  
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