House Report 112-13 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1) 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, 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 112-13]
[From the U.S. Government Publishing Office]

112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-13

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1) 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, 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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February 14, 2011.--Referred to the House Calendar and ordered to be
printed

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Mr. Woodall, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 92]

The Committee on Rules, having had under consideration
House Resolution 92, by a record vote of 8 to 4, 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. 1, the
Department of Defense Appropriations Act, 2011 and the Full
Year Continuing Appropriations Act, 2011, under a modified open
rule. The Rule 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. The
resolution waives all points of order against provisions in the
bill. The resolution makes in order only those amendments
received for printing in the Congressional Record dated at
least one day before the day of consideration of the amendment
(but no later than February 15, 2011). Each amendment submitted
for printing in the Congressional Record may be offered only by
the Member who submitted it for printing or their designee, and
each such amendment shall be considered as read. The resolution
provides one motion to recommit with or without instructions.
Section 2 of the resolution provides that during
consideration of H.R. 1, clause 2(f) of rule XXI shall not
apply to amendments addressing objects within more than one
suballocation made by the Committee on Appropriations under
section 302(b) of the Congressional Budget Act of 1974.
Section 3 of the resolution waives the requirement of
clause 6(a) of rule XIII for a two-thirds vote to consider a
resolution from the Committee on Rules on the same day it is
reported to the House. The waiver is only applicable to a
resolution relating to H.R. 1 and only through the legislative
day of February 17, 2011.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic.
The Committee does not expect that the waiver will
encompass a waiver of clause 11 of rule XXI, as the bill is
currently scheduled to be considered on the third day on which
it was made available or thereafter.
The resolution also waives all points of order against
provisions in the bill. Although the resolution waives all
points of order against the 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 provisions in the bill is prophylactic.

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. 33

Motion by Ms. Slaughter to provide an open rule for
consideration of H.R. 1. Defeated: 4-8.

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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. Dreier, Chairman............................ Nay
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Rules Committee record vote No. 34

Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #2, offered by Rep. McCarthy
(NY), which would express Congressional intent for the
continuation of funding for the implementation of the NICS
Improvement Act of 2007 (P.L. 110-180) through the remainder of
Fiscal Year 2011. Defeated 4-8.

Rules Committee record vote No. 35

Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #1, offered by Rep. McGovern
(MA), which would require that funding for the war in
Afghanistan be fully paid for. Defeated: 4-8.

Rules Committee record vote No. 36

Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #5, offered by
Rep. Andrews (NJ), which would eliminate tax loopholes for oil
companies and put this funding toward homeless veteran
assistance programs and deficit reduction. Defeated: 4-8.

Rules Committee record vote No. 37

Motion by Mr. Sessions to report a modified open rule.
Adopted: 8-4.

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