29–008 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–621 

PROVIDING FOR CONSIDERATION OF H.R. 4837, MILITARY 

CONSTRUCTION APPROPRIATIONS ACT, 2005 

JULY 20, 2004.—Referred to the House Calendar and ordered to be printed 

Mrs. MYRICK, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 732] 

The Committee on Rules, having had under consideration House 

Resolution 732, 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. 4837, the Military Construction Appropriations Act, 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 or 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 preprinted 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. 

2 

The waiver of all points of order against consideration of the bill 

includes a waiver of section 302(f) of the Congressional Budget Act 

of 1974 (prohibiting consideration of legislation providing new 

budget authority in excess of a subcommittee’s 302(b) allocation of 

such authority) because the bill breaches the Committee of Appropriations fiscal year 2005 302 allocation. 

The waiver of all points of order against consideration of the bill 

also includes a waiver of section 306 of the Congressional Budget 

Act of 1974 (prohibiting consideration of legislation within the jurisdiction of the Committee on the Budget unless reported by the 

Budget Committee) because section 129 of the bill directs that the 

increase in the statutory cap on military housing privatization not 

be subject to scoring for purposes of the Congressional Budget Act 

of 1974. 

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. 312 

Date: July 20, 2004. 

Measure: H.R. 4837—Military Construction Appropriations Act, 

2005. 

Motion by: Mr. Frost. 

Summary of motion: To waive all points of order against section 

129 of the bill. 

Results: Defeated 3 to 7. 

Vote by Members: Goss—Nay; Pryce—Nay; Diaz-Balart—Nay; 

Hastings (WA)—Nay; Sessions—Nay; Reynolds—Nay; Frost—Yea; 

Slaughter—Yea; McGovern—Yea; Dreier—Nay. 

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