[House Report 112-389]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-389

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3521) TO AMEND THE 
CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974 TO PROVIDE FOR 
A LEGISLATIVE LINE-ITEM VETO TO EXPEDITE CONSIDERATION OF RESCISSIONS, 
                         AND FOR OTHER PURPOSES

                                _______
                                

  February 7, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Woodall, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 540]

    The Committee on Rules, having had under consideration 
House Resolution 540, by a record vote of 7 to 4, 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. 3521, the 
Expedited Line-Item Veto and Rescissions Act of 2011, under a 
structured rule. The resolution provides one hour of general 
debate equally divided among and controlled by the chair and 
ranking minority member of the Committee on the Budget and 
Representative Simpson of Idaho or his designee. The resolution 
waives all points of order against consideration of the bill. 
The resolution makes in order as original text for purpose of 
amendment the amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 112-12, and 
provides that it shall be considered as read. The resolution 
waives all points of order against the amendment in the nature 
of a substitute made in order as original text. The resolution 
makes in order only those amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.
    Finally, the resolution provides that it shall be in order 
at any time through the legislative day of February 9, 2012, 
for the Speaker to entertain motions that the House suspend the 
rules, as though under clause 1(c) of rule XV, relating to a 
measure addressing securities trading based on nonpublic 
information.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute consisting of the 
text of Rules Committee Print 112-12, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, 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. 188

    Motion by Ms. Slaughter to strike the suspension authority 
in the resolution. Defeated: 4-7

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

Rules Committee record vote No. 189

    Motion by Ms. Foxx to report the rule. Adopted: 7-4

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

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Ryan, Paul (WI), Van Hollen, Chris (MD): Would restore 
certain language from the Budget Committee reported bill by 
reducing certain time periods from five legislative days to 
three legislative days and indicating that the approval bill 
should be an appropriation bill. (10 minutes)
    2. Alexander, Rodney (LA): Would prevent the President from 
proposing any rescission to funds appropriated by Congress to 
the Corps of Engineers. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Ryan of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 8, strike ``45'' and insert ``10''.
  Page 3, line 21, insert ``and'' after the semicolon.
  Page 3, line 23, strike the semicolon and insert a period.
  Page 3, strike line 24 and all that follows thereafter 
through page 4, line 16.
  Page 5, line 21, strike ``45th'' and insert ``60th''.
  Page 6, line 9, strike ``5 days'' and insert ``3 days of 
session''.
  Page 6, line 20, strike ``After'' and insert ``Not later than 
3 days after''.
  Page 7, line 4, strike ``fifth'' and insert ``third''.
  Page 7, line 14, strike ``fifth'' and insert ``third''.
  Page 7, line 24, strike ``5'' and insert ``3''.
  Page 9, strike lines 9 through 12.
  Page 9, line 13, strike ``(B)'' and insert ``(A)''.
  Page 9, lines 13 and 14, strike ``Each committee of 
referral'' and insert ``The appropriate committee''.
  Page 9, lines 15 and 16, strike ``referred to it under this 
subsection'' and insert ``as defined in section 1015(2)''.
  Page 9, lines 16 and 17, strike ``fifth session day'' and 
insert ``third session day''.
  Page 10, line 1, strike ``(C)'' and insert ``(B)''.
  Page 10, line 2, strike ``5'' and insert ``3''.
  Page 10, line 3, strike ``committees have'' and insert ``the 
committee has''.
  Page 10, line 12, strike ``(D)'' and insert ``(C)''.
  Page 10, line 22, insert ``equally divided in the usual 
form'' before the period.
  Page 12, line 4, strike ``if'' and all that follows 
thereafter through ``measure'' on line 6.
  Page 12, line 8, insert ``, as such term is defined in 
section 1015(2),'' after ``approval bill''.
  Page 12, after line 8, insert the following:
  ``(c) Extended Time Period.--If Congress adjourns at the end 
of a Congress prior to the expiration of the periods described 
in sections 1012(c)(2) and 1014 and an approval bill was then 
pending in either House of Congress or a committee thereof, or 
an approval bill had not yet been introduced with respect to a 
special message, or before the applicable 10-day period 
specified in section 1011(a) has expired, then within the first 
3 days of session, the President shall transmit to Congress an 
additional special message containing all of the information in 
the previous, pending special message and an approval bill may 
be introduced within the first five days of session of the next 
Congress and shall be treated as an approval bill under this 
part, and the time periods described in sections 1012(c)(2) and 
1014 shall commence on the day of introduction of that approval 
bill.
  ``(d) Approval Bill Procedure.--In order for an approval bill 
to be considered under the procedures set forth in this part, 
the bill must meet the definition of an approval bill and must 
be introduced no later than the third day of session following 
the beginning of the period described in section 1013(a)(1) or 
the fifth day in the case of paragraph (1).''.
  Page 12, line 9, strike ``(c)'' and insert ``(e)''.
  Page 12, line 11, strike ``dollar amount'' and insert 
``funding''.
  Page 12, line 20, strike ``45'' and insert ``60''.
  Page 12, line 23, strike ``Act'' and insert ``part''.
  Page 14, strike lines 5 through 10.
  Page 14, line 11, strike ``(4)'' and insert ``(3)''.
  Page 14, line 15, strike ``(5)'' and insert ``(4)''.
  Page 14, line 18, strike ``(6)'' and insert ``(5)''.
  Page 14, line 21, strike ``(7)'' and insert ``(6)''.
  Page 15, line 9, strike ``(8)'' and insert ``(7)''.
  Page 16, line 16, strike ``(9)'' and insert ``(8)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Alexander of Louisiana 
               or His Designee, Debatable for 10 Minutes

  Page 4, after line 24, add the following new subsection:
  ``(c) Exemption for the Corps of Engineers.--The President 
may not propose the rescission under this part of all or part 
of any dollar amount of funding for the Corps of Engineers.''.

                                  
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