[House Report 112-558]
[From the U.S. Government Publishing Office]


112th Congress                                                  Report
                       HOUSE OF REPRESENTATIVES     
 2d Session                                                     112-558
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      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5856) MAKING 
APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING 
SEPTEMBER 30, 2013, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION 
 OF THE BILL (H.R. 6020) MAKING APPROPRIATIONS FOR FINANCIAL SERVICES 
 AND GENERAL GOVERNMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, 
    AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE 
   CONFERENCE REPORT TO ACCOMPANY THE BILL (H.R. 4348) TO PROVIDE AN 
EXTENSION OF FEDERAL-AID HIGHWAY, HIGHWAY SAFETY, MOTOR CARRIER SAFETY, 
   TRANSIT, AND OTHER PROGRAMS FUNDED OUT OF THE HIGHWAY TRUST FUND 
 PENDING ENACTMENT OF A MULTIYEAR LAW REAUTHORIZING SUCH PROGRAMS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

   June 28, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 717]

    The Committee on Rules, having had under consideration 
House Resolution 717, by a record vote of 7 to 1, 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. 5856, the 
Department of Defense 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 8121 (regarding funds from being 
used to sponsor any professional or semi-professional sporting 
event or competitor). 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.
    Section 2 of the resolution provides for consideration of 
H.R. 6020, the Financial Services and General Government 
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 beginning 
with ``: Provided'' on page 95, line 9, through ``level'' on 
page 95, line 11 (regarding six-day delivery by the United 
States Postal Service). 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 for one motion to recommit with or without 
instructions.
    Section 3 of the resolution provides for consideration of 
the conference report to accompany H.R. 4348, the Surface 
Transportation Extension Act of 2012, Part II. The resolution 
waives all points of order against the conference report and 
against its consideration and provides that it shall be 
considered as read. The resolution provides that the previous 
question shall be considered as ordered on the conference 
report without intervening motion except one hour of debate and 
one motion to recommit if applicable.
    Section 4 of the resolution provides that it shall be in 
order at any time on the legislative day of June 29, 2012, for 
the Speaker to entertain motions that the House suspend the 
rules, as though under clause 1(c) of rule XV, relating to 
measures addressing expiring provisions of law and a concurrent 
resolution correcting the enrollment of H.R. 4348.
    Finally, Section 5 of the resolution waives clause 6(a) of 
rule XIII, requiring a two-thirds vote to consider a report 
from the Committee on Rules on the same day it is presented to 
the House, with respect to any resolution reported on the 
legislative day of June 29, 2012 providing for consideration or 
disposition of measures addressing expiring provisions of law 
and a concurrent resolution correcting the enrollment of H.R. 
4348.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the two Appropriations measures includes the following:
           A waiver of clause 4(c) of rule XIII, 
        against H.R. 5856 and H.R. 6020, 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; and
           A waiver of section 306 of the Congressional 
        Budget Act, against H.R. 5856 and H.R. 6020, which 
        prohibits consideration of legislation within the 
        jurisdiction of the Committee on the Budget unless 
        referred to or reported by the Budget Committee.
    The resolution includes a waiver of points of order against 
provisions in H.R. 5856 and H.R. 6020 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.
    The waiver of all points of order against the conference 
report and its consideration includes a waiver of the 
following:
           Clause 9 of rule XXII, prohibiting the 
        inclusion of matter in a conference report not 
        committed to the conference by either House.
           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.
           Clause 10 of rule XXI, prohibiting the 
        consideration of a measure if the provisions of such 
        measure have the net effect of increasing mandatory 
        spending for the period of either the first five-year 
        or ten-year period; and
           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.

                            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. 326

    Motion by Mr. Sessions to report the rule. Adopted: 7-1

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