[House Report 112-332]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-332
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PROVIDING FOR CONSIDERATION OF THE CONFERENCE REPORT TO ACCOMPANY THE
BILL (H.R. 2055) MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE
DEPARTMENT OF VETERANS AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2012, AND FOR OTHER PURPOSES; PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 3672) MAKING APPROPRIATIONS FOR
DISASTER RELIEF REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2012, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE
CONCURRENT RESOLUTION (H. CON. RES. 94) DIRECTING THE CLERK OF THE
HOUSE OF REPRESENTATIVES TO MAKE CORRECTIONS IN THE ENROLLMENT OF H.R.
3672; AND FOR OTHER PURPOSES
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December 16 (legislative day, December 15), 2011.--Referred to the
House Calendar and ordered to be printed
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Mr. Dreier, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 500]
The Committee on Rules, having had under consideration
House Resolution 500, by a record vote 7 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 conference
report to accompany H.R. 2055, Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act,
2012. The resolution waives all points of order against the
conference report and against its consideration. The resolution
provides that it shall be considered as read. The resolution
provides that the previous question shall be considered as
ordered without intervention of any motion except one hour of
debate and one motion to recommit if applicable.
The resolution provides for consideration of H.R. 3672, the
Disaster Relief Appropriations Act, 2012, under a closed rule.
The resolution provides 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 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.
The resolution provides for the consideration of H. Con.
Res. 94, directing the Clerk of the House of Representatives to
make corrections in the enrollment of H.R. 3672, under a closed
rule. The resolution provides 20 minutes 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 concurrent
resolution and provides that it shall be considered as read.
The resolution waives all points of order against provisions in
the concurrent resolution. The resolution provides one motion
to recommit without instructions.
The resolution provides that the Clerk shall not transmit
to the Senate a message that the House has passed H.R. 3672
until notified by the Speaker or by message from the Senate
that the Senate has taken the question on adoption of H. Con.
Res. 94 as adopted by the House.
The resolution provides that it shall be in order at any
time through the legislative day of December 16, 2011, for the
Speaker to entertain motions that the House suspend the rules
relating to a measure continuing appropriations for the fiscal
year ending September 30, 2012.
Finally, the resolution waives clause 6(a) of rule XIII
(requiring a two-thirds vote to consider a rule on the same day
it is reported from the Rules Committee) against any resolution
reported through the legislative day of December 31, 2011,
providing for consideration or disposition of any of the
following measures: (1) a measure relating to expiring
provisions of the Internal Revenue Code of 1986; (2) a measure
relating to the Medicare payment system for physicians; and (3)
a measure relating to appropriations for the fiscal year ending
September 30, 2012.
EXPLANATION OF WAIVERS
The waiver of all points of order against the conference
report and its consideration includes a waiver of the
following:
Section 302(f) of the Congressional Budget
Act, prohibiting consideration of a measure which
causes the applicable allocation of new budget
authority under subsections 302(a) or (b) to be
exceeded;
Section 311(a) of the Congressional Budget
Act, prohibiting 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;
Clause 5 of rule XXII, prohibiting House
conferees from agreeing to certain Senate amendments in
violation of certain provisions of rule XXI;
Clause 9 of rule XXII, prohibiting the
inclusion of matter in a conference report not
committed to the conference by either House;
Clause 10 of rule XXII, prohibiting non-
germane Senate matter in conference reports and
amendments in disagreement; and
Clause 8(a)(1)(A) of rule XXII, prohibiting
the consideration of a conference report until the
third calendar day on which the conference report has
been available in the Congressional Record and
requiring printed copies of a conference report.
The conference report was made publicly available in
electronic form on the Rules Committee website at 11:18 p.m. on
December 15, 2011, and therefore, pursuant to H. Res. 479,
complies with clause 8(a)(1)(B) of rule XXII, requiring a
conference report to be available at least two hours prior to
its consideration.
The waiver of all points of order against consideration of
H.R. 3672 includes a waiver of the following:
Section 302(f) of the Congressional Budget
Act, prohibiting consideration of a measure which
causes the applicable allocation of new budget
authority under subsections 302(a) or (b) to be
exceeded;
Section 311(a) of the Congressional Budget
Act, prohibiting 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; and
Clause 11 of rule XXI, prohibiting the
consideration of an unreported bill or joint resolution
until the third calendar day on which it has been
available.
The bill was introduced in the House on December 14, 2011,
but was not made electronically available on the Rules
Committee website until 12:37 a.m. on December 15, 2011. If,
therefore, the bill is to be considered on December 16, 2011,
it will be in violation of clause 11 of rule XXI.
Although the rule waives all points of order against
provisions in H.R. 3672, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the rule waives all points of order against
consideration of H. Con. Res. 94, the Committee is not aware of
any points of order. The waiver is prophylactic in nature.
Although the rule waives all points of order against
provisions in H. Con. Res. 94, the Committee is not aware of
any points of order. 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. 176
Motion by Ms. Foxx to report the rule. Adopted: 7-2.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Mr. McGovern...................... Nay
Mr. Bishop of Utah.............................. Yea Mr. Polis......................... Nay
Mr. Woodall..................................... Yea
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
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