[House Report 112-518]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-518

======================================================================

 
    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 436) TO AMEND THE 
   INTERNAL REVENUE CODE OF 1986 TO REPEAL THE EXCISE TAX ON MEDICAL 
DEVICES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5882) MAKING 
 APPROPRIATIONS FOR THE LEGISLATIVE BRANCH FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 2013, AND FOR OTHER PURPOSES

                                _______
                                

June 6, 2012.--Referred to the House Calendar and ordered to be printed

                                _______
                                

Mr. Scott of South Carolina, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 679]

    The Committee on Rules, having had under consideration 
House Resolution 679, by a record vote of 8 to 3, 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. 436, the 
Protect Medical Innovation Act of 2011, under a closed rule. 
The resolution provides 90 minutes of debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Ways and Means. The resolution waives all points 
of order against consideration of the bill. The resolution 
provides that an amendment in 
the nature of a substitute consisting of the text of Rules 
Committee Print 112-23 shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution provides for one motion to recommit 
with or without instructions.
    The resolution further provides for consideration of H.R. 
5882, Legislative Branch Appropriations Act, 2013, under a 
structured 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 and provides that the bill shall be considered as 
read. The resolution waives all points of order against 
provisions in the bill for failure to comply with clause 2 of 
rule XXI. The resolution provides that the chair and ranking 
minority member or their designees may offer pro forma 
amendments for the purpose of debate at any time. The 
resolution makes in order only those amendments to H.R. 5882 
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. 
Finally, the resolution provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 436, 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 
provisions in H.R. 436, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 5882 includes a waiver of section 3(j)(5) of H. Res. 5 of 
the 112th Congress, which prohibits the consideration of a 
general appropriations bill unless it includes a spending 
reduction account. While the bill includes an account with the 
appropriate caption, the account fails to comply with the 
definition of a spending reduction account because the bill and 
the account specifically exclude Senate items as is customary 
to preserve comity between the Houses.
    The resolution includes a waiver of points of order against 
provisions in H.R. 5882 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.
    Although the resolution waives all points of order against 
the amendments to H.R. 5882 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. 313

    Motion by Mr. McGovern to grant H.R. 436 an open rule. 
Defeated: 3-8.

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

Rules Committee record vote No. 314

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #1 to H.R. 436, offered by 
Rep. Levin (MI), which would substitute the language of the 
bill for (1) a 10 percent payroll tax credit for employers that 
hire new workers or increase existing worker wages; and (2) an 
extension of bonus depreciation for employers. The substitute 
is completely offset by limiting the section 199 domestic 
production deduction and the use of the last-in-first-out 
method of inventory accounting for major integrated oil 
companies. Defeated: 3-8.

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

Rules Committee record vote No. 315

    Motion by Mr. McGovern to make in order Rules Committee 
Print 112-514 as a stand-alone amendment to H.R. 436, instead 
of automatically adopting it, and that it not be protected from 
the germaneness rule--clause 7 of rule XVI. Defeated: 3-8.

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

Rules Committee record vote No. 316

    Motion by Ms. Foxx to report the rule. Adopted: 8-3.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea    Mr. McGovern.....................          Nay
Ms. Foxx........................................          Yea    Mr. Hastings of Florida..........          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
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 5882 MADE IN ORDER

    1. Gosar (AZ): Would reduce the budget for the Botanic 
Garden by $1,235,000 for Fiscal Year 2013, so that it is 
appropriated resources at 2009 levels. (10 minutes)
    2. Broun (GA): Would reduce funding for the Congressional 
Research Service by $878,000 (FY 2012 Level) and transfer 
$878,000 to the Spending Reduction Account. (10 minutes)
    3. Holt (NJ): Would adjust funding for Congressional 
Printing and Binding under the GPO to address the availability 
of pocket versions of the United States Constitution for 
members of the House. Currently the House has no additional 
pocket constitutions for members to disburse to their 
constituents. (10 minutes)
    4. Scalise (LA): Would reduce by $1,000,000 the amount 
provided for the Open World Leadership Center and directs that 
$1,000,000 to the Spending Reduction Account. (10 minutes)
    5. Moran (VA), Welch (VT), Pingree (ME): Would prohibit the 
use of polystyrene products in food service facilities in the 
House of Representatives. (10 minutes)
    6. Harper (MS): Would limit the print copies of the U.S. 
Code for the House of Representatives to 50 copies. (10 
minutes)
    7. Flake (AZ): Would prohibit funding for the purchase of 
paid online advertisements by Members, committees, and 
leadership offices. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 5882 MADE IN ORDER

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

  Page 18, line 7, after the dolllar amount, insert ``(reduced 
by $1,235,000)''.
  Page 36, line 10, after the dollar amount, insert 
``(increased by $1,235,000)''.
                              ----------                              


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

  Page 22, line 9, after the dollar amount, insert ``(reduced 
by $878,000)''.
  Page 36, line 10, after the dollar amount, insert 
``(increased by $878,000)''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 24, line 13, after the dollar amount, insert ``(reduced 
by $218,379) (increased by $218,379)''.
                              ----------                              


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

  Page 29, line 21, after the dollar amount, insert ``(reduced 
by $1,000,000)''.
  Page 36, line 10, after the dollar amount, insert 
``(increased by $1,000,000)''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Moran of Virginia or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

          LIMITATION ON USE OF FUNDS FOR POLYSTYRENE PRODUCTS

  Sec. __. None of the funds made available in this Act may be 
used to obtain polystyrene products for use in food service 
facilities of the House of Representatives.
                              ----------                              


 6. An Amendment To Be Offered by Representative Harper of Mississippi 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. __.  None of the funds made available by this Act may be 
used to provide an aggregate number of more than 50 printed 
copies of any edition of the United States Code to all offices 
of the House of Representatives.
                              ----------                              


7. An Amendment To Be Offered by Representative Flake of Arizona or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. __.  None of the funds made available by this Act for 
Members' Representational Allowances, the salaries and expenses 
of House Leadership Offices, or the salaries and expenses of 
Committee Employees may be used to purchase paid advertisements 
on any Internet site other than an official site of the Member, 
leadership office, or committee involved.

                                  
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