[House Report 109-391]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-391

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   PROVIDING FOR CONSIDERATION OF H.R. 4939, EMERGENCY SUPPLEMENTAL 
APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND HURRICANE 
                             RECOVERY, 2006

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   March 14, 2006.--Referred to the House Calendar and ordered to be 
                                printed

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

                              R E P O R T

                       [To accompany H. Res. 725]

    The Committee on Rules, having had under consideration 
House Resolution 725, 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. 4939, the 
Emergency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Hurricane Recovery, 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 provides that the bill shall be considered for 
amendment under the five-minute rule. The rule waives all 
points of order against consideration of the bill. The rule 
provides that when the reading for amendment reaches Title II, 
such title shall be considered as read. 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(a) of rule XIII 
(requiring a three-day layover of the committee report). The 
waiver is necessary because the Committee on Appropriations 
filed its report (H. Rept. 109-380) with the House on Monday, 
March 13, 2006 and the bill may be considered by the House as 
early as Wednesday, March 15, 2006.
    In addition, the waiver of all points of order includes a 
waiver of Section 306 of the Congressional Budget Act 
(prohibiting consideration of legislation within the 
jurisdiction of the Committee on the Budget unless reported by 
the Budget Committee).

                            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. 149

    Date: March 14, 2006
    Measure: H.R. 4939, Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mrs. 
Millender-McDonald, which allocates an additional amount for 
the Election Assistance Commission in the sum of $50 million to 
remain available until expended, for grants to eligible States, 
for restoring and replacing supplies, materials, and equipment 
used in the administration of elections in the States which 
were damaged as a result of Hurricane Katrina or Rita.
    Results: Defeated 3 to 5.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 150

    Date: March 14, 2006
    Measure: H.R. 4939, Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Sabo, 
which strengthens the current Committee on Foreign Investment 
in the United States (CFIUS) process by requiring all foreign 
transactions that could result in foreign control of any person 
engaged in interstate commerce to undergo a full CFIUS review 
to determine whether it affects U.S. national security.
    Results: Defeated 3 to 5.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 151

    Date: March 14, 2006
    Measure: H.R. 4939, Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Tierney, 
which establishes a select committee to investigate, among 
other things, the awarding and carrying out of contracts to 
conduct activities in Iraq and Afghanistan.
    Results: Defeated 3 to 5.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 152

    Date: March 14, 2006
    Measure: H.R. 4939, Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. 
Thornberry, which would compensate livestock owners for 
livestock deaths attributable to wildfires and other natural 
disasters. The Livestock Indemnity Program has been funded by 
Congress in the past and has provided support for livestock 
casualties in many of your states. USDA is currently 
implementing a Livestock Indemnity Program with discretionary 
funds for livestock losses caused by the Hurricanes of last 
year. This amendment will provide assistance to those producers 
who incur losses caused by fire that are not covered by USDA's 
hurricane related discretionary program.
    Results: Defeated 3 to 5.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 153

    Date: March 14, 2006.
    Measure: H.R. 4939, Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mrs. DeLauro, 
which strikes a liability protection provision for medical 
vaccine and antiviral makers that was included in the Defense 
Appropriations Conference Report last year. Delays repeal of 
the provision until September 30, 2006.
    Results: Defeated 4 to 6.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Cole--Nay; Gingrey--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 154

    Date: March 14, 2006.
    Measure: H.R. 4939, Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Tierney, 
which establishes a select committee to investigate, among 
other things, the awarding and carrying out of contracts 
related to the relief and reconstruction efforts in response to 
Hurricane Katrina.
    Results: Defeated 4 to 5.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; Cole--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.