House Report 112-261 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2576) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO MODIFY THE CALCULATION OF MODIFIED ADJUSTED GROSS INCOME FOR PURPOSES OF DETERMINING ELIGIBILITY FOR CERTAIN HEALTHCARE-RELATED PROGRAMS, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 674) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO REPEAL THE IMPOSITION OF 3 PERCENT WITHHOLDING ON CERTAIN PAYMENTS MADE TO VENDORS BY GOVERNMENT ENTITIES

[House Report 112-261]
[From the U.S. Government Publishing Office]

112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-261

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2576) TO AMEND THE
INTERNAL REVENUE CODE OF 1986 TO MODIFY THE CALCULATION OF MODIFIED
ADJUSTED GROSS INCOME FOR PURPOSES OF DETERMINING ELIGIBILITY FOR
CERTAIN HEALTHCARE-RELATED PROGRAMS, AND PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 674) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO
REPEAL THE IMPOSITION OF 3 PERCENT WITHHOLDING ON CERTAIN PAYMENTS MADE
TO VENDORS BY GOVERNMENT ENTITIES

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October 25, 2011.--Referred to the House Calendar and ordered to be
printed

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Mr. Scott of South Carolina, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 448]

The Committee on Rules, having had under consideration
House Resolution 448, by a record vote of 8 to 2, 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 the bill
(H.R. 2576) to amend the Internal Revenue Code of 1986 to
modify the calculation of modified adjusted gross income for
purposes of determining eligibility for certain healthcare-
related programs, under a closed rule. The resolution provides
one hour of debate on H.R. 2576, equally divided and controlled
by the chair and ranking minority member of the Committee on
Ways and Means. The resolution waives all points of order
against consideration of the bill, and provides that it shall
be considered as read. The resolution waives all points of
order against provisions in the bill. The resolution provides
one motion to recommit H.R. 2576.
The resolution further provides for consideration of the
bill (H.R. 674) to amend the Internal Revenue Code of 1986 to
repeal the imposition of 3 percent withholding on certain
payments made to vendors by government entities, under a closed
rule. The resolution provides one hour of debate on H.R. 674
equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment to H.R.
674 printed in this report shall be considered as adopted and
that the bill, as amended, shall be considered as read. The
resolution waives all points of order against provisions in the
bill, as amended. The resolution provides one motion to
recommit H.R. 674 with or without instructions.
The resolution directs the Clerk to, in the engrossment of
H.R. 674, add the text of H.R. 2576, as passed by the House, as
new matter at the end of H.R. 674. The resolution also directs
the Clerk to make conforming modifications in the engrossment.
Finally, the resolution provides that upon the addition of the
text of H.R. 2576, as passed by the House, to the engrossment
of H.R. 674, H.R. 2576 shall be laid on the table.

EXPLANATION OF WAIVERS

Although the rule waives all points of order against
consideration of H.R. 2576, the Committee is not aware of any
points of order against the bill. The waiver is prophylactic in
nature.
Although the rule waives all points of order against
provisions in H.R. 2576, the Committee is not aware of any
points of order against the provisions in the bill. The waiver
is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 674 includes a waiver of section 303(a) of the
Congressional Budget Act, which prohibits the consideration of
legislation providing new budget authority, change in revenues,
change in public debt, new entitlement authority, or new credit
authority for a fiscal year until the budget resolution for
that fiscal year has been agreed to. The bill is in violation
because the first revenue change made by the bill takes effect
in 2013 and a budget for fiscal year 2013 has yet to be
adopted.
The waiver of all points of order against consideration of
H.R. 674 includes a waiver of section 311(a) of the
Congressional Budget Act, which prohibits consideration of
legislation or an amendment that would cause the total level of
new budget authority or outlays in the most recent budget
resolution to be exceeded, or would cause revenues to be less.
The bill would cause a decrease in revenues as assumed in the
most recent budget resolution and is therefore in violation of
section 311(a).
Although the rule waives all points of order against
provisions in H.R. 674, as amended, the Committee is not aware
of any points of order against the provisions in the bill, as
amended. The waiver is prophylactic in nature.

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. 142

Motion by Mr. McGovern to report open rules for both H.R.
2576 and H.R. 674. Defeated: 2-8.

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Majority Members Vote Minority Members Vote
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Mr. Sessions.................................... Nay Mr. McGovern...................... Yea
Ms. Foxx........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Bishop of Utah.............................. Nay
Mr. Woodall..................................... Nay
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 143

Motion by Mr. McGovern to amend the rule to make in order
and provide the necessary waivers for Amendment #2 to H.R. 2576
offered by Mr. Levin (D-MI), which would strike the text of the
underlying bill, repeal the 3 percent withholding requirement
in section 3402 of the Internal Revenue Code, and repeal the
section 199 manufacturing deduction for major integrated oil
and gas companies. Defeated: 2-8.

Rules Committee record vote No. 144

Motion by Mr. Sessions to report the rule. Adopted: 8-2.

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Yea Mr. McGovern...................... Nay
Ms. Foxx........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Bishop of Utah.............................. Yea
Mr. Woodall..................................... Yea
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
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SUMMARY OF AMENDMENT TO H.R. 674 CONSIDERED AS ADOPTED

Camp (MI): Would add, as a new section 1, a short title to
the bill--the ``3% Withholding Repeal and Job Creation Act''--
and would re-designate section 1 as section 2.

TEXT OF AMENDMENT TO H.R. 674 CONSIDERED AS ADOPTED

Page 3, after line 2, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``3% Withholding Repeal and Job
Creation Act''.

Page 3, line 3, strike ``section 1.'' and insert ``sec. 2.''.