19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–545 

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 ComVerDate Mar 15 2010 21:52 Jun 21, 2012 Jkt 019008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR545.XXX HR545

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mittee 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 preprinted 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. 


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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. 

Æ 


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