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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-18
======================================================================

 
PROVIDING FOR CONSIDERATION OF H.R. 1268, MAKING EMERGENCY SUPPLEMENTAL 
 APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR 
                             OTHER PURPOSES

                                _______
                                

   March 14, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Cole of Oklahoma, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 151]

    The Committee on Rules, having had under consideration 
House Resolution 151, by a non-record 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. 1268, 
making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, under an open rule. The rule 
provides one hour of general debate equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Appropriations.
    The rule waives all points of order against consideration 
of the bill. The bill shall be considered for amendment under 
the five-minute rule. The rule waives points of order against 
provisions in the bill for failure to comply with clause 2 of 
rule XXI (prohibiting unauthorized appropriations or 
legislative provisions in an appropriations bill), except 
Sections 1113 and 1114. The rule authorizes the Chair to accord 
priority in recognition to Members who have pre-printed their 
amendments in the Congressional Record. The rule provides one 
motion to recommit with or without instructions.
    Finally, the rule provides that upon the engrossment of 
H.R. 1268, the Clerk shall add the text of H.R. 418 as passed 
by the House as new matter at the end of H.R. 1268, and conform 
the title of H.R. 1268 to reflect the addition.

           EXPLANATION OF WAIVERS PROVIDED BY THE RESOLUTION

    The rule provides for a waiver of clause 2 of rule XXI 
(prohibiting unauthorized appropriations or legislative 
provisions in an appropriations bill) to provide for the 
consideration of the legislative provisions included in the 
bill.
    The rule waives all points of order against consideration 
of the bill. The Committee anticipates that the waiver 
includes: Rule XIII, clause 4 of House rules (requiring a 
three-day layover of the committee report and requiring the 
three-day availability of printed hearings on a general 
appropriation bill); Section 306 of the Congressional Budget 
Act (prohibiting consideration of legislation within the 
jurisdiction of the Committee on the Budget unless reported by 
the Budget Committee); and Section 401 of the Congressional 
Budget Act (prohibiting consideration of budget-related 
legislation, as reported, that is not subject to annual 
appropriations).

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII 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. 10

    Date: March 14, 2005.
    Measure: H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
and for other purposes.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers to the amendment offered by Rep. Hooley to 
add $1.3 billion in funding to the FY06 Supplemental 
Appropriations bill to provide health care and readjustment 
assistance to the veterans of Iraq and the War on Terror. 
Specifically, the amendment would provide $1.2 billion for the 
Veterans Health Administration and $100 million for the 
reintegration of Army National Guard members being released 
from active duty.
    Results: Defeated 3 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Dreier--Nay.

Rules Committee Record Vote No. 11

    Date: March 14, 2005.
    Measure: H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
and for other purposes.
    Motion by: Mr. McGovern
    Summary of motion: To make in order and provide the 
appropriate waivers to the amendment offered by Rep. Tierney to 
establish a select committee to study, among other things, the 
bidding, contracting, and auditing standards in the issuance of 
government contracts; the oversight procedures and forms of 
payment and safeguards against money laundering; the 
accountability of contractors and government officials involved 
in procurement; and the allocation of contracts to foreign 
companies and small businesses.
    Results: Defeated 3 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Dreier--Nay.

Rules Committee Record Vote No. 12

    Date: March 14, 2005.
    Measure: H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
and for other purposes.
    Motion by: Mr. McGovern.
    Summary of motion: To strike section 2 of the rule.
    Results: Defeated 3 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Dreier--Nay.

Rules Committee Record Vote No. 13

    Date: March 14, 2005.
    Measure: H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
and for other purposes.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers to the amendment offered by Rep. Reyes to 
provide funding necessary to hire an additional 1,000 Border 
Patrol agents, provide 8,000 beds for immigration and detention 
removal operations, and install radiation portal monitors at 
Ports of Entry.
    Results: Defeated 3 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Dreier--Nay.