99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–103 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2112) MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 

DRUG ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE 

FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND FOR OTHER PURPOSES 

JUNE 13, 2011.—Referred to the House Calendar and ordered to be printed. 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 300] 

The Committee on Rules, having had under consideration House 

Resolution 300, 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. 2112, the Agriculture, Rural Development, Food & Drug Administration and Related Agencies Appropriations Act, 2012, under an open rule. The 

resolution provides for 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 sections 740, 741, 743, and 744. 

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. 

Finally, the resolution provides one motion to recommit with or 

without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 4(c) of rule XIII, 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. 


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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. The waiver applies to all provisions in 

the bill except for sections 740, 741, 743, and 744. At the request 

of the Chairman of the Committee on Energy and Commerce, the 

Rules Committee did not provide a waiver of clause 2 of rule XXI 

for section 740 of the bill. The provision prohibits the use of Food 

and Drug Administration funds for rule-making activities or guidance unless the Secretary of Health and Human Services bases 

these actions on ‘‘hard science.’’ In addition, at the request of the 

Chairman of the Committee on Agriculture, the Rules Committee 

did not provide a waiver of clause 2 of rule XXI for sections 741, 

743, and 744 of the bill. Section 741 requires the Secretary of Agriculture to reduce the payment rate for upland cotton as necessary 

so that reductions in the amount of direct payments completely offset the payments to the Brazil Cotton Institute. Section 743 prohibits funds from H.R. 2112 or any other act to be used to provide 

payments to the Brazil Cotton Institute. Section 744 prohibits 

funds from H.R. 2112 or any other act to pay the salary and expenses of U.S. Department of Agriculture personnel to pay any covered benefit to a person or legal entity who has an average adjusted gross income exceeding $250,000. 

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. 102 

Motion by Mr. McGovern to amend the rule to protect sections 

741 and 743 from points of order under clause 2 of Rule XXI. Defeated: 3–9 

Vote by Members: Mr. Sessions—Nay; Ms. Foxx—Nay; Mr. 

Bishop of Utah—Nay; Mr. Woodall—Nay; Mr. Nugent—Nay; Mr. 

Scott of South Carolina—Nay; Mr. Webster—Nay; Mr. Reed—Nay; 

Mr. Dreier, Chairman—Nay; Mr. McGovern—Yea; Mr. Hastings of 

Florida—Yea: Mr. Polis—Yea. 

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