[House Report 108-569]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-569

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PROVIDING FOR CONSIDERATION OF H.R. 4614, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 2005

                                _______
                                

   June 25 (legislative day, June 24), 2004.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 694]

    The Committee on Rules, having had under consideration 
House Resolution 694, 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. 4614, the 
Energy and Water Development Appropriations Act for fiscal year 
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.
    Under the rules of the House the bill shall be read for 
amendment by paragraph. 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 as 
specified in the resolution. The rule authorizes the Chair to 
accord priority in recognition to Members who have pre-printed 
their amendments in the Congressional Record.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(c) of rule XIII 
(requiring the three-day availability of printed hearings on a 
general appropriation bill). The waiver of clause 2 of rule XXI 
(prohibiting unauthorized appropriations or legislative 
provisions in an appropriations bill) is necessary because 
there are numerous legislative provisions included in the bill.

                            COMMITTEE VOTES

    Pursuant to clause 3(c) 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. 301

    Date: June 24, 2004.
    Measure: H.R. 4614--Energy and Water Development 
Appropriations Act, 2005.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Eshoo which amends the Federal Power Act to require that 
Federal Energy Regulatory Commission order refunds whenever 
sellers of electricity charge rates that are not just and 
reasonable. This will require FERC to order refunds stemming 
from the market manipulation that occurred in the West in 2000 
and 2001. It also requires FERC to disclose documents and 
evidence that it has obtained in its investigation of Enron and 
manipulation in the Western energy market, and it requires FERC 
to allow states to fully participate in FERC proceedings and 
negotiations on market manipulation.
    Results: Defeated 3 to 7.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 302

    Date: June 24, 2004.
    Measure: H.R. 4614--Energy and Water Development 
Appropriations Act, 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To provide a waiver protecting from a 
point of order the section beginning with ``Provided'' on page 
39, line 23, through page 40, line 4.
    Results: Defeated 3 to 7.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Dreier--Nay.

                                  
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