[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.