19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–518 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 436) TO AMEND THE 

INTERNAL REVENUE CODE OF 1986 TO REPEAL THE EXCISE TAX ON 

MEDICAL DEVICES, AND PROVIDING FOR CONSIDERATION OF THE BILL 

(H.R. 5882) MAKING APPROPRIATIONS FOR THE LEGISLATIVE BRANCH 

FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, AND FOR OTHER 

PURPOSES 

JUNE 6, 2012.—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. 679] 

The Committee on Rules, having had under consideration House 

Resolution 679, by a record vote of 8 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. 436, the Protect 

Medical Innovation Act of 2011, 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 Ways and 

Means. 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 112–23 shall be considered as adopted and 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 for one motion to recommit with or without 

instructions. 

The resolution further provides for consideration of H.R. 5882, 

Legislative Branch Appropriations Act, 2013, under a structured 

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 and provides that the bill 

shall be considered as read. The resolution waives all points of 

order against provisions in the bill for failure to comply with clause 

2 of rule XXI. The resolution provides that the chair and ranking 

minority member or their designees may offer pro forma amendments for the purpose of debate at any time. The resolution makes 

in order only those amendments to H.R. 5882 printed in this reVerDate Mar 15 2010 05:06 Jun 07, 2012 Jkt 019008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR518.XXX HR518

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port. Each such amendment may be offered only in the order printed in this report, may be offered only by a Member designated in 

this report, shall be considered as read, shall be debatable for the 

time specified in this report equally divided and controlled by the 

proponent and an opponent, shall not be subject to amendment, 

and shall not be subject to a demand for division of the question 

in the House or in the Committee of the Whole. The resolution 

waives all points of order against the amendments printed in this 

report. Finally, the resolution provides one motion to recommit 

with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 436, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 436, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

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

5882 includes a waiver of section 3(j)(5) of H. Res. 5 of the 112th 

Congress, which prohibits the consideration of a general appropriations bill unless it includes a spending reduction account. While the 

bill includes an account with the appropriate caption, the account 

fails to comply with the definition of a spending reduction account 

because the bill and the account specifically exclude Senate items 

as is customary to preserve comity between the Houses. 

The resolution includes a waiver of points of order against provisions in H.R. 5882 for failure to comply with clause 2 of rule XXI, 

which prohibits unauthorized appropriations or legislative provisions in an appropriations bill. This waiver is necessary because 

the bill contains unauthorized appropriations and legislative provisions. 

Although the resolution waives all points of order against the 

amendments to H.R. 5882 printed in this report, 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. 313 

Motion by Mr. McGovern to grant H.R. 436 an open rule. Defeated: 3–8. 

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. Polis ........................................................... Yea 

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

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. 314 

Motion by Mr. McGovern to make in order and provide the appropriate waivers for amendment #1 to H.R. 436, offered by Rep. 

Levin (MI), which would substitute the language of the bill for (1) 

a 10 percent payroll tax credit for employers that hire new workers 

or increase existing worker wages; and (2) an extension of bonus 

depreciation for employers. The substitute is completely offset by 

limiting the section 199 domestic production deduction and the use 

of the last-in-first-out method of inventory accounting for major integrated oil companies. Defeated: 3–8. 

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. Polis ........................................................... Yea 

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

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

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

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

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

Rules Committee record vote No. 315 

Motion by Mr. McGovern to make in order Rules Committee 

Print 112–514 as a stand-alone amendment to H.R. 436, instead of 

automatically adopting it, and that it not be protected from the germaneness rule—clause 7 of rule XVI. Defeated: 3–8. 

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. Polis ........................................................... Yea 

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

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

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

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

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

Rules Committee record vote No. 316 

Motion by Ms. Foxx to report the rule. Adopted: 8–3. 

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. Polis ........................................................... Nay 

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

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

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

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

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

SUMMARY OF THE AMENDMENTS TO H.R. 5882 MADE IN ORDER

1. Gosar (AZ): Would reduce the budget for the Botanic Garden 

by $1,235,000 for Fiscal Year 2013, so that it is appropriated resources at 2009 levels. (10 minutes) 

2. Broun (GA): Would reduce funding for the Congressional Research Service by $878,000 (FY 2012 Level) and transfer $878,000 

to the Spending Reduction Account. (10 minutes) 


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3. Holt (NJ): Would adjust funding for Congressional Printing 

and Binding under the GPO to address the availability of pocket 

versions of the United States Constitution for members of the 

House. Currently the House has no additional pocket constitutions 

for members to disburse to their constituents. (10 minutes) 

4. Scalise (LA): Would reduce by $1,000,000 the amount provided 

for the Open World Leadership Center and directs that $1,000,000 

to the Spending Reduction Account. (10 minutes) 

5. Moran (VA), Welch (VT), Pingree (ME): Would prohibit the use 

of polystyrene products in food service facilities in the House of 

Representatives. (10 minutes) 

6. Harper (MS): Would limit the print copies of the U.S. Code for 

the House of Representatives to 50 copies. (10 minutes) 

7. Flake (AZ): Would prohibit funding for the purchase of paid 

online advertisements by Members, committees, and leadership offices. (10 minutes) 

TEXT OF AMENDMENTS TO H.R. 5882 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOSAR OF

ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, line 7, after the dolllar amount, insert ‘‘(reduced by 

$1,235,000)’’. 

Page 36, line 10, after the dollar amount, insert ‘‘(increased by 

$1,235,000)’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROUN OF

GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 22, line 9, after the dollar amount, insert ‘‘(reduced by 

$878,000)’’. 

Page 36, line 10, after the dollar amount, insert ‘‘(increased by 

$878,000)’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 24, line 13, after the dollar amount, insert ‘‘(reduced by 

$218,379) (increased by $218,379)’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCALISE OF

LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 29, line 21, after the dollar amount, insert ‘‘(reduced by 

$1,000,000)’’. 

Page 36, line 10, after the dollar amount, insert ‘‘(increased by 

$1,000,000)’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MORAN OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill (before the short title), insert the following: 


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LIMITATION ON USE OF FUNDS FOR POLYSTYRENE PRODUCTS

SEC. ll. None of the funds made available in this Act may be 

used to obtain polystyrene products for use in food service facilities 

of the House of Representatives. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HARPER OF

MISSISSIPPI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill (before the short title), insert the following: 

SEC. ll. None of the funds made available by this Act may be 

used to provide an aggregate number of more than 50 printed copies of any edition of the United States Code to all offices of the 

House of Representatives. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLAKE OF

ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill (before the short title), insert the following: 

SEC. ll. None of the funds made available by this Act for Members’ Representational Allowances, the salaries and expenses of 

House Leadership Offices, or the salaries and expenses of Committee Employees may be used to purchase paid advertisements on 

any Internet site other than an official site of the Member, leadership office, or committee involved. 

Æ 


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