COMMITTEE ON RULES - H.R. 1 – American Recovery and Reinvestment Act of 2009

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 9-2 on Tuesday, January 27, 2009.
FLOOR ACTION:

MANAGERS: Slaughter/Dreier

111th Congress
1st Session

H.RES 92

[Report No. 111-9]

H.R. 1 – American Recovery and Reinvestment Act of 2009

Provides for further consideration under a structured rule.

Provides one additional hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations.

Provides that the amendment printed in part A of the Rules Committee report accompanying the resolution shall be considered as adopted in the House and in the Committee of the Whole.

Provides that the bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall be considered as read.

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).

No further amendments shall be in order except those amendments printed in part B of the Rules Committee report accompanying the resolution.
Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
Waives all points of order against the amendments printed in the report except for those arising under clause 9 of rule XXI.

Provides one motion to recommit with or without instructions.

Provides that the chairman of the Committee on Appropriations shall insert in the Congressional Record no later than February 4, 2009, such material as he may deem explanatory of appropriations measures for fiscal year 2009.

Provides that the chair of the Committee on Ways and Means may file a supplemental report to accompany H.R. 598.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 1) making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes. Further general debate shall be confined to the bill and amendments specified in this resolution and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. The amendment printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, 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 further amendments are waived except those arising under clause 9 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. The chair of the Committee on Appropriations shall insert in the Congressional Record not later than February 4, 2009, such material as he may deem explanatory of appropriations measures for the fiscal year 2009.

Sec. 3. The chair of the Committee on Ways and Means may file, on behalf of the Committee, a supplemental report to accompany H.R. 598.

SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

The amendment (1) requires that not later than 45 days after the date of enactment, funds provided to any State or agency thereof, the Governor of the State, or the State legislature by means of a statement submitted by its leadership, shall certify that the State will request and use funds provided by this Act. Funding to the State will be for public and private entities within the State either by formula or at the State's discretion; (2) waives the local matching requirements and the salary caps for the COPS hiring program in fiscal years 2009 and 2010; (3) designates $15 million for the Historic Preservation Fund within the National Park Service for the renovation and preservation of buildings on Historically Black Colleges and Universities campuses and waives the institutional match for projects under this provision; (4) strikes funding for the National Mall Revitalization Fund; and (5) strikes section 5004 regarding family planning.

TEXT OF PART A

SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

Sponsor	Description	Debate Time
1. Oberstar (MN):	Would amend the aviation, highway, rail, and transit priority consideration and "use-it-or-lose-it" provisions to require that 50 percent of the funds be obligated within 90 days.	(10 minutes)
2. Markey (MA):	Would require that the Secretary require, as a condition of receiving funding under Title XIII of the Energy Independence and Security Act of 2007, that the demonstration projects utilize Internet-based or other open protocols and standards if available and appropriate, and would require that grants recipients utilize Internet-based or other open protocols and standards.	(10 minutes)
3. Shuster (PA):	Would clarify that federal funds received by States under the bill for highway maintenance shall not be used to replace existing funds in place for transportation projects.	(10 minutes)
4. Nadler (NY)/DeFazio (OR)/Lipinski (IL)/McMahon (NY)/ Ellison (MN):	Would increase transit capital funding by $3 billion.	(10 minutes)
5. Neugebauer (TX):	Would strike the appropriations provisions from the bill.	(10 minutes)
6. Waters (CA):	Would provide that job training funds may be used for broadband deployment and related activities provided in the bill.	(10 minutes)
7. Flake (AZ):	Would strike funding for Amtrak.	(10 minutes)
8. Kissell (NC):	Would expand the Berry Amendment Extension Act to include DHS to require the government to purchase uniforms for more than one hundred thousand uniformed employees from textile and apparel manufacturers.	(10 minutes)
9. Platts (PA)/Van Hollen (MD):	Would insert the text of the Whistleblower Protection Enhancement Act (H.R. 985 in the 110th Congress) regarding protections for federal employees who report waste, fraud, and abuse.	(10 minutes)
10. Teague (NM):	Would require that the Recovery.gov website contain links and other information on how to access job information created at or by entities receiving funding under the bill; including links to local employment agencies, state, local, and other public agencies receiving recovery funds, and private firms contracted to perform work funded by the bill.	(10 minutes)
11. Camp (MI)/Cantor (VA):	Amendment in the Nature of a Substitute. Would strike everything after enacting clause and adds income tax rate deductions for bottom two income tax brackets, alternative minimum tax relief, small business deduction, bonus depreciation, small business expensing, expanded carryback of net operating losses, improved home buyer credit, unemployment benefit tax exemption, health insurance premium deduction, repeal of 3 percent withholding requirement for government contractors, extension of unemployment benefits, and a Sense of Congress against tax increases to offset outlays.	(60 minutes)