[House Report 109-122]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-122

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  PROVIDING FOR CONSIDERATION OF H.R. 2862, SCIENCE, STATE, JUSTICE, 
        COMMERCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2006

                                _______
                                

   June 13, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 314]

    The Committee on Rules, having had under consideration 
House Resolution 314, 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. 2862, the 
Science, State, Justice, Commerce, and Related Agencies 
Appropriations Act, 2006, 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.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4 of rule XIII 
(availability of printed hearings from the Committee on 
Appropriations). It also includes a waiver of section 401 of 
the Budget Act (New Entitlement Authority) for the provision on 
page 16, beginning at line 15 and ending at line 21, regarding 
contracts for health services for individuals committed to the 
custody of the Federal Prison System.
    The waiver of clause 2 of rule XXI (prohibiting 
unauthorized appropriations or legislative provisions in an 
appropriations bill) against provisions in the bill is 
necessary because there are numerous unauthorized 
appropriations and legislative provisions 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. 79

    Date: June 13, 2005.
    Measure: H.R. 2862, Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Obey which increases funds for formula grants to state and 
local law enforcement agencies and COPS grants for hiring, 
training and technical assistance, Police Corps, and 
interoperability by $410,000,000 above the Chairman's mark. It 
also increases the funding for the Economic Development 
Administration grants by $53,000,000. This increase restores 
the assistance to state and local governments to last year's 
level. The cost of this addition would be offset through a 
1.466% reduction ($2,053) in the tax benefits received by 
people with annual incomes above $1 million as a result of the 
2001 and 2003 tax legislation. Instead of tax cuts averaging 
$140,369, these individuals would receive tax cuts averaging 
$138,316.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Putnam--Nay; Cole--Nay; Bishop--Nay; Gingrey--Nay; Slaughter--
Yea; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

                                  
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