[House Report 108-661]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-661

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PROVIDING FOR CONSIDERATION OF H.R. 5006, DEPARTMENTS OF LABOR, HEALTH 
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 
                               ACT, 2005

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 September 7, 2004.--Referred to the House Calendar and ordered to be 
                                printed

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Ms. Pryce of Ohio, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 754]

    The Committee on Rules, having had under consideration 
House Resolution 754, 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. 5006, the 
Departments of Labor, Health and Human Services, and Education, 
and Related Agencies 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(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.

                            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. 314

    Date: September 7, 2004.
    Measure: H.R. 5006, Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations 
Act, 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Rep. Obey, 
which adds $7.4 billion for education, workforce training, and 
to provide assistance to those without health care insurance. 
The amendment is offset by reducing the tax cuts only in 2005, 
and only for taxpayers with incomes over $1 million, from an 
average tax cut of $127,000 to $89,000.
    Results: Defeated 2 to 6.
    Vote by Members: Pryce--nay; Diaz-Balart--nay; Hastings 
(WA)--nay; Myrick--nay; Reynolds--nay; McGovern--yea; Hastings 
(FL)--yea; Dreier--nay.