[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

                                _______
                                

  December 16 (legislative day, December 15), 2011.--Referred to the 
                House Calendar and ordered to be printed

                                _______
                                

               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
----------------------------------------------------------------------------------------------------------------
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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