House Report 112-56 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1363) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011, AND FOR OTHER PURPOSES; AND WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES

[House Report 112-56]
[From the U.S. Government Publishing Office]

112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-56

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1363) MAKING
APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2011, AND FOR OTHER PURPOSES; AND WAIVING A REQUIREMENT
OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN
RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES

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April 6, 2011.--Referred to the House Calendar and ordered to be
printed

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Ms. Foxx, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 206]

The Committee on Rules, having had under consideration
House Resolution 206, by a nonrecord vote, 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. 1363, the
Department of Defense and Further Additional 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. Finally, the resolution waives
clause 6(a) of rule XIII (requiring a two-thirds vote to
consider a rule on the same day it is reported from the Rules
Committee) with respect to any resolution reported before April
11, 2011, providing for consideration or disposition of a
measure making or continuing appropriations for the fiscal year
ending September 30, 2011.

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 joint resolution reduces spending by $12 billion
over the one week life of the further additional continuing
appropriations, the Congressional Budget Office is required by
scorekeeping rules to annualize the score comparing it to the
House-passed continuing resolution (H.R. 1) causing the bill to
be scored at a higher level, thus the bill is presumed to
breach the Appropriation Committee's section 302 allocations.
The Committee is not aware of any other points of order against
consideration of the bill.
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.

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. 74

Motion by Mr. McGovern to amend the rule to make in order
and provide the appropriate waivers for amendment #2, offered
by Rep. Conyers Jr. (MI), Rep. Tonko (NY), Rep. Woolsey (CA),
Rep. Welch (VT), Rep. Kucinich (OH), Rep. Lee (CA), Rep.
McClintock (CA), Rep. Miller (CA), Rep. Cohen (TN), Rep.
Grijalva (AZ), Rep. Jones (NC), Rep. Farr (CA), Rep. Honda
(CA), and Rep. Stark (CA), which would state that no funds in
the Act may be used to deploy, establish, or maintain the
presence of Members of the Armed Forces or private security
contractors on the ground in Libya for the purposes of engaging
in ground combat operations. Defeated: 4-9

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Majority Members Vote Minority Members Vote
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Mr. Sessions.................................... Nay Ms. Slaughter..................... Yea
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 75

Motion by Ms. Slaughter to amend the rule to make in order
and provide the appropriate waivers for amendment #1, offered
by Rep. Dicks (WA), which would strike all after the enacting
clause and insert a simple extension of the current CR through
April 15, 2011. Defeated: 4-9

Rules Committee record vote No. 76

Motion by Mr. Hastings of Florida to amend the rule to make
in order and provide the appropriate waivers for amendment #3,
offered by Delegate Norton (DC), which would permit the
District of Columbia government to spend its local taxpayer-
raised funds on abortions for low-income women. Defeated: 4-9

Rules Committee record vote No. 77

Motion by Mr. Polis to amend the rule to make in order and
provide the appropriate waivers for amendment #5, offered by
Rep. Lee (CA), which would end combat operations in Afghanistan
and limit funding to the safe orderly redeployment of all U.S.
troops and military contractors. Defeated: 4-9