[House Report 108-735]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-735

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PROVIDING FOR CONSIDERATION OF H.R. 5212, MAKING EMERGENCY SUPPLEMENTAL 
   APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, FOR 
ADDITIONAL DISASTER ASSISTANCE RELATING TO STORM DAMAGE, AND FOR OTHER 
                                PURPOSES

                                _______
                                

 October 6 (legislative day, October 5), 2004.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 819]

    The Committee on Rules, having had under consideration 
House Resolution 819, 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 the consideration of H.R. 5212, 
making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, for additional disaster 
assistance relating to storm damage, and for other purposes, 
under a modified closed rule. The rule waives all points of 
order against consideration of the bill. The rule provides one 
hour of debate in the House equally divided and controlled by 
the chairman and ranking minority member of the Committee on 
Appropriations.
    The rule provides for consideration of the amendment 
printed in this report if offered by Representative Hensarling 
of Texas or his designee, which shall be considered as read, 
shall not be subject to a demand for division of the question, 
and shall be separately debatable for twenty minutes equally 
divided and controlled by the proponent and an opponent. The 
rule waives all points of order against the amendment printed 
in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            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. 320

    Date: October 6, 2004 (legislative day of October 5, 2004).
    Measure: H.R. 5212--making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
for additional disaster assistance relating to storm damage, 
and for other purposes.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Stenholm which adds a new title to the bill which provides for 
nationwide crop loss disaster assistance for weather-related 
losses for the FY03 and FY04 crop years.
    Results: Defeated 2 to 8.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Putnam--
Nay; Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 321

    Date: October 6, 2004 (legislative day of October 5, 2004).
    Measure: H.R. 5212--making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
for additional disaster assistance relating to storm damage, 
and for other purposes.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
Doyle which allows for one time grants to small businesses who 
are located outside a federal flood plain, but in a federal or 
state disaster area, and suffered flood damage as a result of 
the 2004 hurricane season.
    Results: Defeated 3 to 8.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Putnam--
Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--
Nay.

Rules Committee record vote No. 322

    Date: October 6, 2004 (legislative day of October 5, 2004).
    Measure: H.R. 5212--making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
for additional disaster assistance relating to storm damage, 
and for other purposes.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment offered by Representative 
DeLauro which includes $600 million emergency Low-Income Home 
Energy Assistance Program (LIHEAP) funding. The emergency funds 
would not be offset.
    Results: Defeated 3 to 8.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Putnam--
Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--
Nay.

Rules Committee record vote No. 323

    Date: October 6, 2004 (legislative day of October 5, 2004).
    Measure: H.R. 5212--making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, 
for additional disaster assistance relating to storm damage, 
and for other purposes.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment in the nature of a 
substitute offered by Representative Boyd which provides 
roughly $12.9 billion for disaster relief in Florida and other 
states. This package is roughly $2 billion more than the 
President's supplemental requests. Include roughly $486 million 
more than the President for agricultural disaster assistance; 
$455 million more than the President for reconstruction of 
military installations and housing; and $750 million more than 
the President to fund highway repair grants.
    Results: Defeated 3 to 8.
    Vote by Members: Linder--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; Putnam--
Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--
Nay.

           SUMMARY OF AMENDMENT MADE IN ORDER UNDER THE RULE

    Hensarling: Fully offsets the cost of the supplemental with 
a proportional reduction of FY05 discretionary funding once 
enacted. Funding for defense, homeland security and veterans 
would be specifically exempt.

             TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

    At the end of the bill (before the short title), insert the 
following:
    Sec.__. (a) Offsetting Government-Wide Rescission.--Of the 
discretionary budget authority provided in appropriation Acts 
for fiscal year 2005, there is rescinded the total amount 
determined by the Director of the Office of Management and 
Budget to be required to offset the discretionary budget 
authority that is provided in this Act and designated as an 
emergency requirement.
    (b) Application.--The rescission made by subsection (a)--
          (1) shall take effect immediately after the enactment 
        of all of the regular appropriation Acts for fiscal 
        year 2005 (whether enacted separately, included in a 
        consolidated appropriations law, or covered by a 
        continuing appropriations law that funds programs 
        through the end of the fiscal year);
          (2) shall not apply to the discretionary budget 
        authority provided for the Departments of Defense, 
        Homeland Security, and Veterans Affairs; and
          (3) shall be applied proportionately to the 
        discretionary budget authority provided for each other 
        department, agency, instrumentality, and entity of the 
        Federal Government.
    (e) Report.--The Director of the Office of Management and 
Budget shall include in the President's budget submission for 
fiscal year 2006 a report specifying the reductions made to 
each account, program, project, and activity pursuant to this 
section.

                                  
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