[House Report 113-243]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-243

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

 
  PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 89) 
MAKING APPROPRIATIONS FOR THE SALARIES AND RELATED EXPENSES OF CERTAIN 
 FEDERAL EMPLOYEES DURING A LAPSE IN FUNDING AUTHORITY FOR FISCAL YEAR 
 2014, AND FOR OTHER PURPOSES, PROVIDING FOR CONSIDERATION OF THE BILL 
(H.R. 3273) TO ESTABLISH A BICAMERAL WORKING GROUP ON DEFICIT REDUCTION 
   AND ECONOMIC GROWTH, AND PROVIDING FOR CONSIDERATION OF THE JOINT 
  RESOLUTION (H.J. RES. 90) MAKING CONTINUING APPROPRIATIONS FOR THE 
  FEDERAL AVIATION ADMINISTRATION FOR FISCAL YEAR 2014, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  October 8, 2013.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 373]

    The Committee on Rules, having had under consideration 
House Resolution 373, by a 9 to 4 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.J. Res. 89, 
the Federal Worker Pay Fairness Act, under a closed rule. The 
resolution provides 40 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 joint resolution. The 
resolution provides that the joint resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in the joint resolution. The resolution 
provides one motion to recommit.
    Section 2 of the resolution provides for consideration of 
H.R. 3273, the Deficit Reduction and Economic Growth Working 
Group Act of 2013, under a closed rule. The resolution provides 
40 minutes of debate equally divided and controlled by the 
chair and ranking minority member of the Committee on Rules. 
The resolution waives all points of order against consideration 
of the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution provides one 
motion to recommit.
    Section 3 of the resolution directs the Clerk to, in the 
engrossment of H.J. Res. 89, add the text of H.R. 3273, as 
passed by the House, as a new matter at the end of H.J. Res. 89 
and make conforming modifications in the engrossment. The 
resolution provides that upon the addition of the text of H.R. 
3273, as passed by the House, to the engrossment of H.J. Res. 
89, H.R. 3273 shall be laid on the table.
    Section 4 of the resolution provides for consideration of 
H.J. Res. 90, the Flight Safety Act, under a closed rule. The 
resolution provides 40 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 joint resolution. The 
resolution provides that the joint resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in the joint resolution. The resolution 
provides one motion to recommit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.J. Res. 89 includes a waiver of:
     Clause 11 of rule XXI, prohibiting the 
consideration of a bill or joint resolution which has not been 
reported by a committee until the third calendar day (excluding 
Saturdays, Sundays, or legal holidays except when the House is 
in session on such a day) on which such measure has been 
available to Members, Delegates, and the Resident Commissioner.
     Clause 9(a)(2) of rule XXI, which prohibits 
consideration of a bill or joint resolution not reported by a 
committee, unless the chair of each committee of initial 
referral has caused a list of congressional earmarks, limited 
tax benefits, and limited tariff benefits in the bill or a 
statement that the proposition contains no congressional 
earmarks, limited tax benefits, or limited tariff benefits to 
be printed in the Congressional Record prior to its 
consideration. However, it is important to note that the chair 
of the Committee on Appropriations submitted an earmark 
statement to the House on October 8, 2013 for printing in the 
Congressional Record. The statement affirms that the joint 
resolution does not contain any earmarks, limited tax benefits, 
or limited tariff benefits under the meaning of the rule.
    Although the resolution waives all points of order against 
provisions in H.J. Res. 89, 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. 3273 includes a waiver of:
     Clause 11 of rule XXI, prohibiting the 
consideration of a bill or joint resolution which has not been 
reported by a committee until the third calendar day (excluding 
Saturdays, Sundays, or legal holidays except when the House is 
in session on such a day) on which such measure has been 
available to Members, Delegates, and the Resident Commissioner.
     Clause 9(a)(2) of rule XXI, which prohibits 
consideration of a bill or joint resolution not reported by a 
committee, unless the chair of each committee of initial 
referral has caused a list of congressional earmarks, limited 
tax benefits, and limited tariff benefits in the bill or a 
statement that the proposition contains no congressional 
earmarks, limited tax benefits, or limited tariff benefits to 
be printed in the Congressional Record prior to its 
consideration. However, it is important to note that the chair 
of the Committee on Rules submitted an earmark statement to the 
House on October 8, 2013 for printing in the Congressional 
Record. The statement affirms that the bill does not contain 
any earmarks, limited tax benefits, or limited tariff benefits 
under the meaning of the rule.
    Although the resolution waives all points of order against 
provisions in H.R. 3273, 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.J. Res. 90 may include a waiver of:
     Clause 11 of rule XXI, prohibiting the 
consideration of a bill or joint resolution which has not been 
reported by a committee until the third calendar day (excluding 
Saturdays, Sundays, or legal holidays except when the House is 
in session on such a day) on which such measure has been 
available to Members, Delegates, and the Resident Commissioner. 
If H.J. Res. 90 is considered before it is available for the 
requisite number of calendar days, then the waiver of clause 11 
of rule XXI would be applicable to that joint resolution.
     Clause 9(a)(2) of rule XXI, which prohibits 
consideration of a bill or joint resolution not reported by a 
committee, unless the chair of each committee of initial 
referral has caused a list of congressional earmarks, limited 
tax benefits, and limited tariff benefits in the bill or a 
statement that the proposition contains no congressional 
earmarks, limited tax benefits, or limited tariff benefits to 
be printed in the Congressional Record prior to its 
consideration. However, it is important to note that the chair 
of the Committee on Appropriations submitted an earmark 
statement to the House on October 8, 2013 for printing in the 
Congressional Record. The statement affirms that the joint 
resolution does not contain any earmarks, limited tax benefits, 
or limited tariff benefits under the meaning of the rule. If 
H.J. Res. 90 is considered before statement is printed in the 
Congressional Record, then the waiver of clause 9(a)(2) would 
be applicable to that joint resolution.
    Although the resolution waives all points of order against 
provisions in H.J. Res. 90, 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. 82

    Motion by Ms. Slaughter to add to the end of the rule the 
following new sections: ``Section 5 Immediately upon the 
adoption of this resolution the joint resolution (H.J. Res. 59) 
making continuing appropriations for fiscal year 2014, and for 
other purposes, with the House amendment to the Senate 
amendment thereto, shall be taken from the Speaker's table and 
the pending question shall be, without intervention of any 
point of order, whether the House shall recede from its 
amendment and concur in the Senate amendment. The Senate 
amendment shall be considered as read. The question shall be 
debatable for one hour equally divided and controlled by the 
chair and ranking member of the Committee on Appropriations. 
The previous question shall be considered as ordered on the 
question of receding from the House amendment and concurring in 
the Senate amendment without intervening motion or demand for 
division of the question. Section 6 Clause 1(c) of rule XIX 
shall not apply to the consideration of H.J. Res. 59 as 
specified in section 6 of this resolution.'' Defeated: 4-9.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 83

    Motion by Ms. Foxx to report the rule. Adopted: 9-4.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                                  
