99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–60 

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 


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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 

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 


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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 

Æ 


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