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[House Report 112-3]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      112-3

======================================================================

 
   REDUCING NON-SECURITY SPENDING TO FISCAL YEAR 2008 LEVELS OR LESS

                                _______
                                

  January 19, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Dreier, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                       [To accompany H. Res. 38]

    The Committee on Rules, to whom was referred the resolution 
(H. Res. 38) to reduce spending through a transition to non-
security spending at fiscal year 2008 levels, having considered 
the same, report favorably thereon with amendments and 
recommend that the resolution as amended be agreed to.
    The amendments are as follows:
    Strike all after the resolved clause and insert the 
following:

That, pursuant to section 3(b)(1) of House Resolution 5, the 
Chair of the Committee on the Budget shall include in the 
Congressional Record an allocation contemplated by section 
302(a) for the Committee on Appropriations for the remainder of 
fiscal year 2011 that assumes non-security spending at fiscal 
year 2008 levels or less.
    Amend the title so as to read: ``A resolution reducing non-
security spending to fiscal year 2008 levels or less.''

                          PURPOSE AND SUMMARY

    H. Res. 38 directs the Chairman of the Committee on the 
Budget to include in the Congressional Record an allocation 
under section 302(a) for the Committee on Appropriations for 
the remainder of fiscal year 2011 that assumes non-security 
spending at fiscal year 2008 levels or below.

                  BACKGROUND AND NEED FOR LEGISLATION

    Over the past three years, non-security discretionary 
spending has increased 88 percent. As a result, the U.S. 
government borrows 41 cents of every dollar spent. In addition, 
for the first time in 36 years the 111th Congress failed to 
produce a budget resolution for fiscal year 2011. This means 
that there are no budget guidelines in place for the Committee 
on Appropriations to follow. It is critical at the start of the 
112th Congress, as we move to address the country's massive 
deficit and significant over-spending, that committees have 
budgetary guidance in place.
    This legislation will put this Congress on the path to 
making more responsible spending proposals for the remainder of 
fiscal year 2011.

                                HEARINGS

    On January 19, 2011, the Committee on Rules held a hearing 
on H. Res. 38 and received testimony from Mr. Van Hollen.

                        COMMITTEE CONSIDERATION

    The Committee on Rules met on January 19, 2011 in open 
session and ordered H. Res. 38 favorably reported to the House 
as amended by a voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Sessions to report the bill as amended to the 
House with a favorable recommendation was agreed to by a voice 
vote. The Committee disposed of the following amendments by 
record vote:

                                       RULES COMMITTEE RECORD VOTE NO. 19
 Motion by Mr. Scott to amend the resolution to clarify the spending reduction by striking the language relating
     to a transition and providing that the levels can be 2008 levels or less. Agreed to: 8 yeas and 4 nays.
----------------------------------------------------------------------------------------------------------------
          Majority Members                   Vote                   Minority Members                  Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions........................  Yea...............  Ms. Slaughter......................  Nay
Ms. Foxx............................  Yea...............  Mr. McGovern.......................  Nay
Mr. Bishop..........................  Yea...............  Mr. Hastings (FL)..................  Nay
Mr. Woodall.........................  Yea...............  Mr. Polis..........................  Nay
Mr. Nugent..........................  Yea...............  ...................................  .................
Mr. Scott...........................  Yea...............  ...................................  .................
Mr. Webster.........................  Yea...............  ...................................  .................
Mr. Dreier, Chairman................  Yea...............  ...................................  .................
----------------------------------------------------------------------------------------------------------------

                                       RULES COMMITTEE RECORD VOTE NO. 20
Motion by Mr. McGovern to add a new section to the resolution that would require a vote by the full House before
 any 302(a) allocation inserted in the Congressional Record by the Chair of the Committee on the Budget becomes
                                  effective. Not agreed to: 4 yeas and 8 nays.
----------------------------------------------------------------------------------------------------------------
          Majority Members                   Vote                   Minority Members                  Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions........................  Nay...............  Ms. Slaughter......................  Yea
Ms. Foxx............................  Nay...............  Mr. McGovern.......................  Yea
Mr. Bishop..........................  Nay...............  Mr. Hastings (FL)..................  Yea
Mr. Woodall.........................  Nay...............  Mr. Polis..........................  Yea
Mr. Nugent..........................  Nay...............  ...................................  .................
Mr. Scott...........................  Nay...............  ...................................  .................
Mr. Webster.........................  Nay...............  ...................................  .................
Mr. Dreier, Chairman................  Nay...............  ...................................  .................
----------------------------------------------------------------------------------------------------------------

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings that are 
reflected in this report.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee states, with 
respect to H. Res. 38, that the Director of the Congressional 
Budget Office did not submit a cost estimate and comparison 
under section 402 of the Congressional Budget Act of 1974.

                    PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the Committee 
finds that this measure does not authorize funding within the 
meaning of the rule.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 38 instructs the Chairman of the Committee on the 
Budget to include in the Congressional Record an allocation 
under section 302(a) for the Committee on Appropriations for 
the remainder of fiscal year 2011 that assumes non-security 
spending at fiscal year 2008 levels or less.

    CHANGES MADE IN EXISTING HOUSE RULES BY H. RES. 38, AS REPORTED

    In compliance with clause 3(g) of rule XIII of the Rules of 
the House of Representatives, the Committee finds that H. Res. 
38 does not propose to repeal or amend a standing rule of the 
House.

                             MINORITY VIEWS

    On its face, H. Res. 38 appears to be a spending reduction 
measure. However, upon closer reading it's clear that the 
resolution is nothing but meaningless rhetoric. It is drafted 
to appear to reduce spending to the Fiscal Year 2008 levels, 
but that is not what this resolution accomplishes. Instead, it 
gives one Member of the House--the Chairman of the Budget 
Committee--the extraordinary authority to decide the cap for 
us, without having to face a vote of the House. We are very 
concerned about the precedent this authority sets, and believe 
Members of the House deserve the opportunity to consider 
specified spending levels, like the ones laid out in our budget 
enforcement resolution (H. Res. 1493) in the 111th Congress.
    H. Res. 38 says we should ``assume non-security spending at 
fiscal year 2008 levels or less'' without defining ``non-
security'' spending or specifying exactly what those levels 
might be. Many security-related programs fall within 
appropriations bills that might be considered ``non-security,'' 
such as the Defense Nuclear Weapons Activities in the Energy 
and Water Appropriations bill and FBI counterterrorism funding 
in the Commerce-Justice-Science Appropriations bill. Without 
more clarity, this resolution is so vaguely worded as to be 
meaningless.
    With so many Americans struggling to find jobs and put food 
on the table, there is no excuse for spending the House's time 
with resolutions accomplishing nothing, such as this one. 
Without numbers or specifics, it is clear that H. Res. 38 is 
not a serious plan to reduce the deficit. We oppose this 
resolution and urge the Majority to simply reveal the spending 
caps--rather than pointing at imprecise rhetoric and labeling 
it a spending cut--and allow the House to take a direct vote on 
those caps.

                                   Louise M. Slaughter.
                                   Jim McGovern.
                                   Alcee L. Hastings.
                                   Jared Polis.

                                  
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