[House Report 112-60]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     112-60

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      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1473) MAKING 
APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE AND THE OTHER DEPARTMENTS 
AND AGENCIES OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 
   2011, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE 
  CONCURRENT RESOLUTION (H. CON. RES. 35) DIRECTING THE CLERK OF THE 
HOUSE OF REPRESENTATIVES TO MAKE A CORRECTION IN THE ENROLLMENT OF H.R. 
1473; AND PROVIDING FOR CONSIDERATION OF THE CONCURRENT RESOLUTION (H. 
 CON. RES. 36) DIRECTING THE CLERK OF THE HOUSE OF REPRESENTATIVES TO 
            MAKE A CORRECTION IN THE ENROLLMENT OF H.R. 1473

                                _______
                                

   April 12, 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

                       [To accompany H. Res. 218]

    The Committee on Rules, having had under consideration 
House Resolution 218, 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. 1473, the 
Department of Defense and Full-Year Continuing Appropriations 
Act, 2011, under a closed rule. The resolution provides one 
hour of 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. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution provides one 
motion to recommit the bill.
    The resolution further provides that if the bill is passed, 
it shall be in order to separately consider H. Con. Res. 35, 
directing the Clerk of the House of Representatives to make a 
correction in the enrollment of H.R. 1473 and H. Con. Res. 36, 
directing the Clerk of the House of Representatives to make a 
correction in the enrollment of H.R. 1473, each under a closed 
rule. The resolution provides twenty minutes of debate on each 
concurrent resolution, to be 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 each concurrent resolution and 
provides that each concurrent resolution shall be considered as 
read.
    Finally, the rule provides that if the House receives a 
message from the Senate transmitting its passage of H.R. 1473 
without amendment, then the Clerk shall not certify an 
enrollment of the bill until notified by the Speaker or by 
message from the Senate that the Senate has taken the question 
on adoption of H. Con. Res. 35 and H. Con. Res. 36, if 
previously adopted by the House.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of section 302(f) of the 
Congressional Budget Act, prohibiting consideration of a 
measure which causes the applicable allocation of new budget 
authority under subsections 302(a) or (b) to be exceeded. 
Although the bill is in compliance with the Committee on 
Appropriations' overall 302(a) allocation, the bill contains 
provisions which cause the Committee on Appropriations to be in 
breach of some of their 302(b) suballocations.
    The Committee does not expect that the waiver of all points 
of order against consideration will encompass a waiver of 
clause 11 of rule XXI (prohibiting the consideration of an 
unreported measure until the third calendar day on which it has 
been available), as the bill is currently scheduled to be 
considered on the third day on which it was made available or 
thereafter.
    Although the rule waives all points of order against 
provisions in the bill, the Committee is not aware of any 
points of order against provisions in the bill. The waiver of 
all points of order against the provisions in the bill is 
prophylactic in nature.
    Although the rule waives all points of order against 
consideration of each concurrent resolution, the Committee is 
not aware of any points of order against consideration of 
either concurrent resolution. The waiver of all points of order 
against consideration of each resolution 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. 78

    Motion by Mr. McGovern to amend the rule to strike section 
2 and section 3 of the resolution. Defeated: 3-6

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                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. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 79

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers for amendment #4, offered by himself, which 
would reduce the amount of troops permanently stationed in 
Europe from 80,000 to 35,000 and would cut end-strength levels 
by 7,500; and amendment #12, offered by himself, which would 
strike all funding for the Office of National Drug Control 
Policy, commonly known as the Drug Czar. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                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. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 80

    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. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Reed........................................          Yea
Mr. Dreier, Chairman............................          Yea
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