[House Report 109-701]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-701

======================================================================

 
WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY H.R. 
    5441, DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007; 
  PROVIDING FOR CONSIDERATION OF S. 3930, MILITARY COMMISSIONS ACT OF 
2006; PROVIDING FOR CONSIDERATION OF H.R. 4772, PRIVATE PROPERTY RIGHTS 
                       IMPLEMENTATION ACT OF 2006

                                _______
                                

 September 28, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                      [To accompany H. Res. 1054]

    The Committee on Rules, having had under consideration 
House Resolution 1054, 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 to accompany H.R. 5441, the Department of 
Homeland Security Appropriations Act, 2007, and against its 
consideration. The rule provides that the conference report 
shall be considered as read.
    The resolution further provides for the consideration of S. 
3930, the Military Commissions Act of 2006, under a closed 
rule. The rule provides one hour of debate in the House, with 
40 minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Armed Services, and 
20 minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary. The 
rule waives all points of order against consideration of the 
bill. The rule provides one motion to commit S. 3930.
    Finally, the resolution provides for consideration of H.R. 
4772, the Private Property Rights Implementation Act of 2006, 
under a closed rule. 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 Judiciary. The 
rule waives all points of order against consideration of the 
bill. The rule provides that the amendment in the nature of a 
substitute as reported by the Committee on the Judiciary shall 
be considered as adopted. The rule provides one motion to 
recommit H.R. 4772 with or without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the conference 
report to accompany H.R. 5441 is necessary because the 
conference report was filed with the House on Thursday, 
September 28, 2006 and it may be considered by the House as 
early as Friday, September 29, 2006, which would violate clause 
8 of rule XXII (requiring a three-day layover of conference 
reports and the accompanying joint explanatory statement).
    The Committee on Rules is not aware of any points of order 
against consideration of S. 3930. The waiver of all points of 
order against consideration of S. 3930 is prophylactic in 
nature.
    The waiver of all points of order against consideration of 
H.R. 4772 includes a waiver of H. Res. 1000 (relating to a list 
of earmarks contained in the bill or report thereon). The 
Committee believes this waiver to be technical in nature as a 
review of the bill and report did not reveal any earmarks 
within the meaning of H. Res. 1000, and the Committee on the 
Judiciary failed to include a statement to that effect.

                                  
