House Report 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

[House Report 112-697]
[From the U.S. Government Publishing Office]

112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-697

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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 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.

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.

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.

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''.
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''.