29–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–697 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6429) TO AMEND THE 

IMMIGRATION AND NATIONALITY ACT TO PROMOTE INNOVATION, INVESTMENT, AND RESEARCH IN THE UNITED STATES, TO ELIMINATE 

THE DIVERSITY IMMIGRANT PROGRAM, AND FOR OTHER PURPOSES; 

AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE 

RULES 

NOVEMBER 28, 2012.—Referred to the House Calendar and ordered to be printed 

Mr. NUGENT, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 821] 

The Committee on Rules, having had under consideration House 

Resolution 821, by a record vote of 7 to 3, 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. 6429, the STEM 

Jobs Act of 2012, under a closed rule. The resolution provides 90 

minutes of debate equally divided and controlled by the chair and 

ranking minority member of the Committee on the Judiciary. The 

resolution waives all points of order against consideration of the 

bill. The resolution provides that an amendment in the nature of 

a substitute consisting of the text of Rules Committee Print 112– 

34, as modified by the amendment printed in this report, shall be 

considered as adopted. 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 with or without instructions. 

Finally, the resolution provides that it shall be in order at any 

time on the legislative day of December 6, 2012, for the Speaker 

to entertain motions that the House suspend the rules as though 

under clause 1 of rule XV. 

EXPLANATION OF WAIVERS

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

includes a waiver of clause 10 of rule XXI, prohibiting the consideration of a bill if it has the net effect of increasing mandatory spending over the five or ten year period. The bill, as amended, would 


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extend by one year the mortgage fees and premiums included in 

Title IV of P.L. 112–78, which are currently set to expire on Oct. 

1, 2021. This modification to current law would save an estimated 

$3.8 billion over ten years. While this modification would cause the 

underlying measure to have the net effect of decreasing mandatory 

spending over a ten year period, the measure would still have the 

net effect of increasing mandatory spending over the five year period specified in clause 10 of rule XXI, therefore the waiver is necessary. 

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

includes a waiver of section 303 of the Congressional Budget Act, 

prohibiting consideration of legislation providing new budget authority for the current fiscal year until a concurrent resolution on 

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

necessary because the House has not adopted a budget resolution 

for FY 2014. 

Although the resolution waives all points of order against provisions in the bill, as amended, 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. 362 

Motion by Ms. Slaughter to report an open rule. Defeated: 3–7. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Ms. Slaughter .................................................. Yea 

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

Mr. Bishop of Utah .......................................... Nay Mr. Polis ........................................................... Yea 

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

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

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

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

Rules Committee record vote No. 363 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for amendment #1, offered by Rep. Jackson 

Lee (TX), which would strike section 3 to protect the Diversity Immigration Visa Program; and the amendment #2 offered by Rep. 

Jackson Lee (TX), which would authorize Congress or the Secretary 

of the Department of Homeland Security to reallocate unused 

STEM visas to other classes of immigrant visas, while protecting 

the Diversity Immigration Visa program and adding an additional 

55,000 visas to the STEM program. Defeated: 3–7. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Ms. Slaughter .................................................. Yea 

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

Mr. Bishop of Utah .......................................... Nay Mr. Polis ........................................................... Yea 

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

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

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

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


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Rules Committee record vote No. 364 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for the following amendments offered by 

Rep. Lofgren (CA) en bloc: amendment #4 which would strike everything after the enacting clause and insert the text of H.R. 2161, 

the Immigration Driving Entrepreneurship in America Act of 2012 

or the IDEA Act of 2012; and amendment #5 which would strike 

everything after the enacting clause and insert the text of H.R. 

6412, the Attracting the Best and Brightest Act of 2012. Defeated: 

3–7. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Ms. Slaughter .................................................. Yea 

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

Mr. Bishop of Utah .......................................... Nay Mr. Polis. .......................................................... Yea 

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

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

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

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

Rules Committee record vote No. 365 

Motion by Mr. Polis to make in order and provide the appropriate waivers for amendment #3, offered by Rep. Polis (CO), which 

would create a ‘‘Start-up Visa’’ for entrepreneurs and update the 

EB–5 visa system to help create American jobs by encouraging investment in U.S. companies. Defeated: 3–7. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Ms. Slaughter .................................................. Yea 

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

Mr. Bishop of Utah .......................................... Nay Mr. Polis ........................................................... Yea 

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

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

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

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

Rules Committee record vote No. 366 

Motion by Mr. Bishop of Utah to report the rule. Adopted: 7–3. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Yea Ms. Slaughter .................................................. Nay 

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

Mr. Bishop of Utah .......................................... Yea Mr. Polis ........................................................... Nay 

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

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

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

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

SUMMARY OF THE AMENDMENT CONSIDERED AS ADOPTED

Smith, Lamar (TX): MANAGER’S AMENDMENT. Would change 

effective date of bill to FY14; would extend by one year certain fees 

and premiums included in title IV of P.L. 112–78, the Temporary 

Payroll Tax Cut Continuation Act of 2011. 

TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Page 1, line 12, strike ‘‘2013’’ and insert ‘‘2014’’. 


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Page 2, line 16, strike ‘‘2013,’’ and insert ‘‘2014,’’. 

Page 2, line 23, strike ‘‘2013’’ and insert ‘‘2014’’. 

Page 3, line 2, strike ‘‘2013’’ and insert ‘‘2014’’. 

Page 3, line 5, strike ‘‘2013.’’ and insert ‘‘2014.’’. 

Page 3, line 7, strike ‘‘2014,’’ and insert ‘‘2015,’’. 

Page 3, line 14, strike ‘‘2014’’ and insert ‘‘2015’’. 

Page 3, line 18, strike ‘‘2014’’ and insert ‘‘2015’’. 

Page 3, line 21, strike ‘‘2014.’’ and insert ‘‘2015.’’. 

Page 3, line 23, strike ‘‘2015,’’ and insert ‘‘2016,’’. 

Page 4, line 6, strike ‘‘2015’’ and insert ‘‘2016’’. 

Page 4, line 11, strike ‘‘2014’’ and insert ‘‘2015’’. 

Page 4, line 17, strike ‘‘2015.’’ and insert ‘‘2016.’’. 

Page 4, line 19, strike ‘‘2015’’ and insert ‘‘2016’’. 

Page 4, line 22, strike ‘‘2015.’’ and insert ‘‘2016.’’. 

Page 4, line 24, strike ‘‘2016,’’ and insert ‘‘2017,’’. 

Page 5, line 7, strike ‘‘2016’’ and insert ‘‘2017’’. 

Page 5, line 12, strike ‘‘2015’’ and insert ‘‘2016’’. 

Page 5, line 18, strike ‘‘2016.’’ and insert ‘‘2017.’’. 

Page 5, line 23, strike ‘‘2016.’’ and insert ‘‘2017.’’. 

Page 16, line 3, strike ‘‘2017,’’ and insert ‘‘2018,’’. 

Page 17, line 7, strike ‘‘2012,’’ and insert ‘‘2013,’’. 

Page 17, line 9, add at the end the following: ‘‘Nothing in the preceding sentence shall be construed to prohibit the Secretary of 

Homeland Security from accepting before such date petitions under 

section 204(a)(1)(F) of the Immigration and Nationality Act (8 

U.S.C. 1154(a)(1)(F)) relating to alien beneficiaries qualifying under 

paragraph (6) or (7) of section 203(b) of such Act (8 U.S.C. 1153(b)) 

(as added by this section).’’. 

Page 18, line 16, strike ‘‘2012,’’ and insert ‘‘2013,’’. 

Page 19, beginning on line 17, strike ‘‘the date of the enactment 

of this Act’’ and insert ‘‘October 1, 2013,’’. 

Page 22, beginning on line 24, strike ‘‘the date of the enactment 

of this Act’’ and insert ‘‘October 1, 2013,’’. 

Page 24, beginning on line 10, strike ‘‘the date of the enactment 

of this Act’’ and insert ‘‘October 1, 2013,’’. 

Page 24, beginning on line 14, strike ‘‘the date of the enactment 

of this Act;’’ and insert ‘‘such date;’’. 

Page 24, beginning on line 18, strike ‘‘the date of the enactment 

of this Act.’’ and insert ‘‘such date.’’. 

Page 24, after line 19, insert the following: 

SEC. 7. EXTENSION OF GUARANTEE FEES FOR GOVERNMENT-SPONSORED HOUSING ENTERPRISES AND FHA. 

(a) GSES.—Subsection (f) of section 1327 of the Housing and 

Community Development Act of 1992 (12 U.S.C. 4547) is amended 

by striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 2022’’. 

(b) FHA.—Subsection (b) of section 402 of the Temporary Payroll 

Tax Cut Continuation Act of 2011 (Public Law 112–78; 125 Stat. 

1289) is amended by striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 2022’’. 

Æ 


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