[House Report 112-545]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-545
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5973) MAKING
APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2013, AND FOR OTHER PURPOSES; AND PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 5972) MAKING APPROPRIATIONS FOR THE
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, AND FOR
OTHER PURPOSES
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June 21, 2012.--Referred to the House Calendar and ordered to be
printed
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Ms. Foxx, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 697]
The Committee on Rules, having had under consideration
House Resolution 697, 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. 5973, the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies 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. 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.
The resolution further provides for consideration of H.R.
5972, the Transportation, Housing and Urban Development, and
Related Agencies 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 169C (regarding fuel for vehicle operations). The
resolution provides that the amendment specified in section 3
of the resolution inserting the caption for the Spending
Reduction Account shall be considered as adopted. 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.
Finally, section 4 of the resolution provides for
consideration of concurrent resolutions providing for
adjournment during the month of July.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 5973 includes a waiver of the following:
Clause 4(c) of rule XIII, which prohibits
consideration of a general appropriations bill reported by the
Committee on Appropriations from being considered in the House
until the third calendar day on which printed hearings of the
Committee on Appropriations thereon have been available to
Members; and
Section 306 of the Congressional Budget Act,
which prohibits consideration of legislation within the
jurisdiction of the Committee on the Budget unless referred to
or reported by the Budget Committee.
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 included
in the bill.
The waiver of all points of order against consideration of
H.R. 5972 includes a waiver of clause 4(c) of rule XIII, which
prohibits consideration of a general appropriations bill
reported by the Committee on Appropriations from being
considered 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 included
in the bill. The waiver applies to all provisions in the bill
except for section 169C (regarding fuel for vehicle
operations).
It is important to note that H.R. 5972, as reported by the
Committee on Appropriations, does not technically comply with
section 3(j)(5) of H. Res. 5, which prohibits the consideration
of a general appropriation bill unless it includes a spending
reduction account as the last section of the bill. While the
bill does include a spending reduction account as the last
section of the bill, section 3(j)(6) of H. Res. 5 specifically
requires the account to bear the caption of ``spending
reduction account''. The amendment contained in section 3 of
the resolution to be considered as adopted brings the bill into
compliance, therefore a waiver of section 3(j)(5) is not
necessary.
Section 4 of the resolution includes a waiver of all points
of order against consideration of a July 4th adjournment
resolution. While adjournment resolutions are ordinarily
privileged, a point of order could be raised against the July
4th district work period adjournment resolution on grounds that
it violates section 309 of the Budget Act which prohibits the
House of Representatives from adjourning for more than three
days in July unless the House has completed action on all
appropriations bills. Since the House has not yet completed all
action on appropriations bills, this provision is necessary to
consider the July 4th adjournment resolution, absent a
unanimous consent agreement.