[House Report 112-558]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-558
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5856) MAKING
APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2013, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION
OF THE BILL (H.R. 6020) MAKING APPROPRIATIONS FOR FINANCIAL SERVICES
AND GENERAL GOVERNMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013,
AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE
CONFERENCE REPORT TO ACCOMPANY THE BILL (H.R. 4348) TO PROVIDE AN
EXTENSION OF FEDERAL-AID HIGHWAY, HIGHWAY SAFETY, MOTOR CARRIER SAFETY,
TRANSIT, AND OTHER PROGRAMS FUNDED OUT OF THE HIGHWAY TRUST FUND
PENDING ENACTMENT OF A MULTIYEAR LAW REAUTHORIZING SUCH PROGRAMS, AND
FOR OTHER PURPOSES
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June 28, 2012.--Referred to the House Calendar and ordered to be
printed
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Mr. Webster, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 717]
The Committee on Rules, having had under consideration
House Resolution 717, by a record vote of 7 to 1, 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. 5856, the
Department of Defense Appropriations Act, 2013, under an open
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. The resolution waives points of order against
provisions in the bill for failure to comply with clause 2 of
rule XXI except for section 8121 (regarding funds from being
used to sponsor any professional or semi-professional sporting
event or competitor). Under the Rules of the House the bill
shall be read for amendment by paragraph. The resolution
provides that the bill shall be considered for amendment under
the five-minute rule. The resolution authorizes the Chair to
accord priority in recognition to Members who have pre-printed
their amendments in the Congressional Record. The resolution
provides one motion to recommit with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 6020, the Financial Services and General Government
Appropriations Act, 2013, under an open 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. The resolution
waives points of order against provisions in the bill for
failure to comply with clause 2 of rule XXI except beginning
with ``: Provided'' on page 95, line 9, through ``level'' on
page 95, line 11 (regarding six-day delivery by the United
States Postal Service). Under the Rules of the House the bill
shall be read for amendment by paragraph. The resolution
provides that the bill shall be considered for amendment under
the five-minute rule. The resolution authorizes the Chair to
accord priority in recognition to Members who have pre-printed
their amendments in the Congressional Record. The resolution
provides for one motion to recommit with or without
instructions.
Section 3 of the resolution provides for consideration of
the conference report to accompany H.R. 4348, the Surface
Transportation Extension Act of 2012, Part II. The resolution
waives all points of order against the conference report and
against its consideration and provides that it shall be
considered as read. The resolution provides that the previous
question shall be considered as ordered on the conference
report without intervening motion except one hour of debate and
one motion to recommit if applicable.
Section 4 of the resolution provides that it shall be in
order at any time on the legislative day of June 29, 2012, for
the Speaker to entertain motions that the House suspend the
rules, as though under clause 1(c) of rule XV, relating to
measures addressing expiring provisions of law and a concurrent
resolution correcting the enrollment of H.R. 4348.
Finally, Section 5 of the resolution waives clause 6(a) of
rule XIII, requiring a two-thirds vote to consider a report
from the Committee on Rules on the same day it is presented to
the House, with respect to any resolution reported on the
legislative day of June 29, 2012 providing for consideration or
disposition of measures addressing expiring provisions of law
and a concurrent resolution correcting the enrollment of H.R.
4348.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the two Appropriations measures includes the following:
A waiver of clause 4(c) of rule XIII,
against H.R. 5856 and H.R. 6020, which prohibits
consideration of a general appropriations bill reported
by the Committee on Appropriations in the House until
the third calendar day on which printed hearings of the
Committee on Appropriations thereon have been available
to Members; and
A waiver of section 306 of the Congressional
Budget Act, against H.R. 5856 and H.R. 6020, which
prohibits consideration of legislation within the
jurisdiction of the Committee on the Budget unless
referred to or reported by the Budget Committee.
The resolution includes a waiver of points of order against
provisions in H.R. 5856 and H.R. 6020 for failure to comply
with clause 2 of rule XXI, which prohibits unauthorized
appropriations or legislative provisions in an appropriations
bill. This waiver is necessary because the bill contains
unauthorized appropriations and legislative provisions.
The waiver of all points of order against the conference
report and its consideration includes a waiver of the
following:
Clause 9 of rule XXII, prohibiting the
inclusion of matter in a conference report not
committed to the conference by either House.
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.
Clause 10 of rule XXI, prohibiting the
consideration of a measure if the provisions of such
measure have the net effect of increasing mandatory
spending for the period of either the first five-year
or ten-year period; and
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.
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. 326
Motion by Mr. Sessions to report the rule. Adopted: 7-1
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Majority Members Vote Minority Members Vote
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Mr. Sessions.................... Yea Mr. McGovern...... Nay
Ms. Foxx........................ Yea
Mr. Bishop of Utah.............. Yea
Mr. Nugent...................... Yea
Mr. Scott of South Carolina..... Yea
Mr. Webster..................... Yea
Mr. Dreier, Chairman............ Yea
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