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[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

                                _______
                                

   June 21, 2012.--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. 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.

                                  
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