[House Report 109-63]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-63

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 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY H. 
 CON. RES. 95, THE CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 
                                  2006

                                _______
                                

   April 28, 2005.--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. 248]

    The Committee on Rules, having had under consideration 
House Resolution 248, 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 waives all points of order against the 
conference report and against its consideration. The rule 
provides that the conference report shall be considered as 
read. 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 the Budget.
    Section 2 of the resolution establishes a separate order 
for the 109th Congress creating a point of order in the 
Committee of the Whole against a motion to rise and report a 
general appropriations bill if the bill, as amended, is found 
to be in breach of its 302(b) allocation.
    Any Member may raise this point of order. A breach in an 
allocation will be determined by the Chair, based on estimates 
provided by the Budget Committee, as is currently prescribed in 
the Budget Act.
    If the Chair sustains the point of order, the Chair will 
put the question to the Committee: ``Shall the Committee rise 
and report the bill to the House with such amendments as may 
have been adopted notwithstanding that the bill exceeds an 
applicable allocation of new budget authority under section 
302(b) of the Congressional Budget Act of 1974?''
    There will be 10 minutes of debate on the question, equally 
divided and controlled by a proponent and an opponent. At the 
conclusion of debate the Chair would put the question to the 
Committee. If the motion to rise and report is defeated, no 
further amendment shall be in order except: one proper 
amendment, which is unamendable, to be debatable for 10 minutes 
equally divided and controlled by a proponent and an opponent; 
and multiple pro forma amendments, if offered by the Chairman 
and ranking minority member of the Committee on Appropriations 
or their designee, for the purpose of debate.
    Finally, this point of order is only applicable once for a 
given bill and does not apply to a motion offered under clause 
2(d) of Rule XXI.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the conference report includes a waiver of clause 4(a)(1) of 
rule XIII (requiring a three-day layover of the committee 
report). The waiver is needed because the Committee on Budget 
report (H. Rept. 109-62) was not filed until Thursday, April 
28, 2005 and the conference report will be considered in the 
House today.

                                  
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