[House Report 108-621]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-621

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    PROVIDING FOR CONSIDERATION OF H.R. 4837, MILITARY CONSTRUCTION 
                        APPROPRIATIONS ACT, 2005

                                _______
                                

   July 20, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 732]

    The Committee on Rules, having had under consideration 
House Resolution 732, 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. 4837, the 
Military Construction Appropriations Act, 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 or 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 preprinted 
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(a) of rule XIII 
(requiring a three-day availability of the committee report). 
The waiver of clause 2 of rule XXI (prohibiting unauthorized 
appropriations or legislative provisions in an appropriations 
bill) is needed because there are numerous legislative 
provisions included in the bill.
    The waiver of all points of order against consideration of 
the bill includes a waiver of section 302(f) of the 
Congressional Budget Act of 1974 (prohibiting consideration of 
legislation providing new budget authority in excess of a 
subcommittee's 302(b) allocation of such authority) because the 
bill breaches the Committee of Appropriations fiscal year 2005 
302 allocation.
    The waiver of all points of order against consideration of 
the bill also includes a waiver of section 306 of the 
Congressional Budget Act of 1974 (prohibiting consideration of 
legislation within the jurisdiction of the Committee on the 
Budget unless reported by the Budget Committee) because section 
129 of the bill directs that the increase in the statutory cap 
on military housing privatization not be subject to scoring for 
purposes of the Congressional Budget Act of 1974.

                            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. 312

    Date: July 20, 2004.
    Measure: H.R. 4837--Military Construction Appropriations 
Act, 2005.
    Motion by: Mr. Frost.
    Summary of motion: To waive all points of order against 
section 129 of the bill.
    Results: Defeated 3 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Dreier--Nay.

                                  
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