79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–107 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2346) MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND FOR OTHER PURPOSES 

MAY 13, 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. 434] 

The Committee on Rules, having had under consideration House 

Resolution 434, by a non-record 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. 2346, the ‘‘Supplemental 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. The resolution provides that the bill, as 

amended, shall be considered as read. The resolution waives all 

points of order against provisions in the bill, as amended. This 

waiver does not affect the point of order available under clause 9 

of rule XXI (regarding earmark disclosure). Finally, the resolution 

provides one motion to recommit the bill with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except those arising under clause 9 or 10 of rule XXI) includes a 

waiver of: (1) clause 4(a) of rule XIII (requiring a three-day layover 

of the committee report), (2) clause 4(c) of rule XIII (requiring a 

three-day layover of printed committee hearings), and (3) section 

306 of the Budget Act (regarding provisions within the jurisdiction 

of the Budget Committee). 


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The waiver of all points of order against the bill, as amended, includes a waiver of clause 2 of rule XXI (prohibiting unauthorized 

appropriations or legislative provisions in an appropriations bill) 

because the bill, as amended, 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. 91 

Date: May 13, 2009. 

Measure: H.R. 2346. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Wolf (VA), #11, which would 

place a moratorium on the transfer or release of detainees until October 1, 2009, and require a plan for each detainee to be transferred or released into the United States. 

Results: Defeated 1–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Slaughter—Nay. 

Rules Committee record vote No. 92 

Date: May 13, 2009. 

Measure: H.R. 2346. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Biggert (IL), #7, which would 

increase the across-the-board military personnel pay raise from 

3.9% to 4.4% effective retroactively from January 1, 2009. 

Results: Defeated 1–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Slaughter—Nay. 

Rules Committee record vote No. 93 

Date: May 13, 2009. 

Measure: H.R. 2346. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Lewis, Jerry (CA), #13, which 

would revise the language relating to the Pakistan Counterinsurgency Fund so that the language in the bill would be consistent 

with the language and manner in which the President requested 

these funds. 

Results: Defeated 1–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Slaughter—Nay. 

Rules Committee record vote No. 94 

Date: May 13, 2009. 


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Measure: H.R. 2346. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Kingston (GA), #1, which would 

bar funds to enter into a contract with an entity that is eligible to 

participate, but has not elected to participate in the E-Verify Program. 

Results: Defeated 1–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Slaughter—Nay. 

Rules Committee record vote No. 95 

Date: May 13, 2009. 

Measure: H.R. 2346. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Rogers, Harold (KY), #14, 

which would shift $200 million in the bill away from foreign assistance and put it toward various U.S. Federal, State and local law 

enforcement agencies and border security programs to combat 

Mexican drug cartels and border violence along the U.S. border. 

Results: Defeated 1–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Slaughter—Nay. 

Rules Committee record vote No. 96 

Date: May 13, 2009. 

Measure: H.R. 2346. 

Motion by: Mr. Dreier. 

Summary of motion: To grant an open rule. 

Results: Defeated 1–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Slaughter—Nay. 

TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Page 72, after line 18, insert the following (and redesignate the 

subsequent section accordingly): 

RESTRICTIONS AND REQUIREMENTS REGARDING THE TRANSFER AND

RELEASE OF GUANTANAMO BAY DETAINEES

SEC. 30004. (a) None of the funds made available in this or any 

prior Act may be used to release an individual who is detained, as 

of April, 30, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia. 

(b) None of the funds made available in this or any prior Act may 

be used to transfer an individual who is detained, as of April, 30, 

2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, 

for the purposes of detaining or prosecuting such individual until 

2 months after the plan detailed in subsection (c) is received. 


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(c) The President shall submit to the Congress, in writing, a comprehensive plan regarding the proposed disposition of each individual who is detained, as of April, 30, 2009, at Naval Station, 

Guantanamo Bay, Cuba, who is not covered under subsection (d). 

Such plan shall include, at a minimum, each of the following for 

each such individual: 

(1) The findings of an analysis regarding any risk to the national security of the United States that is posed by the transfer of the individual. 

(2) The costs associated with not transferring the individual 

in question. 

(3) The legal rationale and associated court demands for 

transfer. 

(4) A certification by the President that any risk described 

in paragraph (1) has been mitigated, together with a full description of the plan for such mitigation. 

(5) A certification by the President that the President has 

submitted to the Governor and legislature of the State to 

which the President intends to transfer the individual a certification in writing at least 30 days prior to such transfer (together with supporting documentation and justification) that 

the individual does not pose a security risk to the United 

States. 

(d) None of the funds made available in this or any prior Act may 

be used to transfer or release an individual detained at Naval Station, Guantanamo Bay, Cuba, as of April 30, 2009, to the country 

of such individual’s nationality or last habitual residence or to any 

other country other than the United States, unless the President 

submits to the Congress, in writing, at least 30 days prior to such 

transfer or release, the following information: 

(1) The name of any individual to be transferred or released 

and the country to which such individual is to be transferred 

or released. 

(2) An assessment of any risk to the national security of the 

United States or its citizens, including members of the Armed 

Services of the United States, that is posed by such transfer 

or release and the actions taken to mitigate such risk. 

(3) The terms of any agreement with another country for acceptance of such individual, including the amount of any financial assistance related to such agreement. 

Æ 


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