[House Report 112-103]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-103

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      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2112) MAKING 
   APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
   ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR 
           ENDING SEPTEMBER 30, 2012, AND FOR OTHER PURPOSES

                                _______
                                

   June 13, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 300]

    The Committee on Rules, having had under consideration 
House Resolution 300, by a nonrecord 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. 2112, the 
Agriculture, Rural Development, Food & Drug Administration and 
Related Agencies Appropriations Act, 2012, under an open rule. 
The resolution provides for 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 
sections 740, 741, 743, and 744. 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. 
Finally, the resolution provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(c) of rule XIII, 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.
    The waiver of clause 2 of rule XXI, which prohibits 
unauthorized appropriations or legislative provisions in an 
appropriations bill, is necessary because the bill contains 
unauthorized appropriations and legislative provisions. The 
waiver applies to all provisions in the bill except for 
sections 740, 741, 743, and 744. At the request of the Chairman 
of the Committee on Energy and Commerce, the Rules Committee 
did not provide a waiver of clause 2 of rule XXI for section 
740 of the bill. The provision prohibits the use of Food and 
Drug Administration funds for rule-making activities or 
guidance unless the Secretary of Health and Human Services 
bases these actions on ``hard science.'' In addition, at the 
request of the Chairman of the Committee on Agriculture, the 
Rules Committee did not provide a waiver of clause 2 of rule 
XXI for sections 741, 743, and 744 of the bill. Section 741 
requires the Secretary of Agriculture to reduce the payment 
rate for upland cotton as necessary so that reductions in the 
amount of direct payments completely offset the payments to the 
Brazil Cotton Institute. Section 743 prohibits funds from H.R. 
2112 or any other act to be used to provide payments to the 
Brazil Cotton Institute. Section 744 prohibits funds from H.R. 
2112 or any other act to pay the salary and expenses of U.S. 
Department of Agriculture personnel to pay any covered benefit 
to a person or legal entity who has an average adjusted gross 
income exceeding $250,000.

                            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. 102

    Motion by Mr. McGovern to amend the rule to protect 
sections 741 and 743 from points of order under clause 2 of 
Rule XXI. Defeated: 3-9
    Vote by Members: Mr. Sessions--Nay; Ms. Foxx--Nay; Mr. 
Bishop of Utah--Nay; Mr. Woodall--Nay; Mr. Nugent--Nay; Mr. 
Scott of South Carolina--Nay; Mr. Webster--Nay; Mr. Reed--Nay; 
Mr. Dreier, Chairman--Nay; Mr. McGovern--Yea; Mr. Hastings of 
Florida--Yea; Mr. Polis--Yea.

                                  
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