19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–261 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2576) TO AMEND THE 

INTERNAL REVENUE CODE OF 1986 TO MODIFY THE CALCULATION OF 

MODIFIED ADJUSTED GROSS INCOME FOR PURPOSES OF DETERMINING 

ELIGIBILITY FOR CERTAIN HEALTHCARE-RELATED PROGRAMS, AND 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 674) TO AMEND THE 

INTERNAL REVENUE CODE OF 1986 TO REPEAL THE IMPOSITION OF 3 

PERCENT WITHHOLDING ON CERTAIN PAYMENTS MADE TO VENDORS 

BY GOVERNMENT ENTITIES 

OCTOBER 25, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. SCOTT of South Carolina, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 448] 

The Committee on Rules, having had under consideration House 

Resolution 448, by a record vote of 8 to 2, 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 the bill (H.R. 2576) 

to amend the Internal Revenue Code of 1986 to modify the calculation of modified adjusted gross income for purposes of determining 

eligibility for certain healthcare-related programs, under a closed 

rule. The resolution provides one hour of debate on H.R. 2576, 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Ways and Means. The resolution 

waives all points of order against consideration of the bill, and provides that it shall be considered as read. The resolution waives all 

points of order against provisions in the bill. The resolution provides one motion to recommit H.R. 2576. 

The resolution further provides for consideration of the bill (H.R. 

674) to amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities, under a closed rule. The resolution 

provides one hour of debate on H.R. 674 equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means. The resolution waives all points of 

order against consideration of the bill. The resolution provides that 


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the amendment to H.R. 674 printed in this report shall be considered as adopted and that the bill, as amended, shall be considered 

as read. The resolution waives all points of order against provisions 

in the bill, as amended. The resolution provides one motion to recommit H.R. 674 with or without instructions. 

The resolution directs the Clerk to, in the engrossment of H.R. 

674, add the text of H.R. 2576, as passed by the House, as new 

matter at the end of H.R. 674. The resolution also directs the Clerk 

to make conforming modifications in the engrossment. Finally, the 

resolution provides that upon the addition of the text of H.R. 2576, 

as passed by the House, to the engrossment of H.R. 674, H.R. 2576 

shall be laid on the table. 

EXPLANATION OF WAIVERS

Although the rule waives all points of order against consideration 

of H.R. 2576, the Committee is not aware of any points of order 

against the bill. The waiver is prophylactic in nature. 

Although the rule waives all points of order against provisions in 

H.R. 2576, the Committee is not aware of any points of order 

against the provisions in the bill. The waiver is prophylactic in nature. 

The waiver of all points of order against consideration of H.R. 

674 includes a waiver of section 303(a) of the Congressional Budget 

Act, which prohibits the consideration of legislation providing new 

budget authority, change in revenues, change in public debt, new 

entitlement authority, or new credit authority for a fiscal year until 

the budget resolution for that fiscal year has been agreed to. The 

bill is in violation because the first revenue change made by the 

bill takes effect in 2013 and a budget for fiscal year 2013 has yet 

to be adopted. 

The waiver of all points of order against consideration of H.R. 

674 includes a waiver of section 311(a) of the Congressional Budget 

Act, which prohibits consideration of legislation or an amendment 

that would cause the total level of new budget authority or outlays 

in the most recent budget resolution to be exceeded, or would cause 

revenues to be less. The bill would cause a decrease in revenues 

as assumed in the most recent budget resolution and is therefore 

in violation of section 311(a). 

Although the rule waives all points of order against provisions in 

H.R. 674, as amended, the Committee is not aware of any points 

of order against the provisions in the bill, as amended. 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: 


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Rules Committee record vote No. 142 

Motion by Mr. McGovern to report open rules for both H.R. 2576 

and H.R. 674. Defeated: 2–8. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Mr. McGovern ................................................... Yea 

Ms. Foxx ............................................................ Nay Mr. Hastings of Florida .................................... Yea 

Mr. Bishop of Utah ........................................... Nay 

Mr. Woodall ....................................................... Nay 

Mr. Nugent ........................................................ Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ........................................ Nay 

Rules Committee record vote No. 143 

Motion by Mr. McGovern to amend the rule to make in order and 

provide the necessary waivers for Amendment #2 to H.R. 2576 offered by Mr. Levin (D–MI), which would strike the text of the underlying bill, repeal the 3 percent withholding requirement in section 3402 of the Internal Revenue Code, and repeal the section 199 

manufacturing deduction for major integrated oil and gas companies. Defeated: 2–8. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Mr. McGovern ................................................... Yea 

Ms. Foxx ............................................................ Nay Mr. Hastings of Florida .................................... Yea 

Mr. Bishop of Utah ........................................... Nay 

Mr. Woodall ....................................................... Nay 

Mr. Nugent ........................................................ Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ........................................ Nay 

Rules Committee record vote No. 144 

Motion by Mr. Sessions to report the rule. Adopted: 8–2. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Yea Mr. McGovern ................................................... Nay 

Ms. Foxx ............................................................ Yea Mr. Hastings of Florida .................................... Nay 

Mr. Bishop of Utah ........................................... Yea 

Mr. Woodall ....................................................... Yea 

Mr. Nugent ........................................................ Yea 

Mr. Scott of South Carolina ............................. Yea 

Mr. Webster ...................................................... Yea 

Mr. Dreier, Chairman ........................................ Yea 


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SUMMARY OF AMENDMENT TO H.R. 674 CONSIDERED AS ADOPTED

Camp (MI): Would add, as a new section 1, a short title to the 

bill—the ‘‘3% Withholding Repeal and Job Creation Act’’—and 

would re-designate section 1 as section 2. 

TEXT OF AMENDMENT TO H.R. 674 CONSIDERED AS ADOPTED

Page 3, after line 2, insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘3% Withholding Repeal and Job 

Creation Act’’. 

Page 3, line 3, strike ‘‘SECTION 1.’’ and insert ‘‘SEC. 2.’’. 

Æ 


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