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H. Rept. 109-43 1 (2005-04-13)

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                   109TH CONGRESS                                     REPORT
                      1st Session   HOUSE OF REPRESENTATIVES          109-43





                   PROVIDING FOR CONSIDERATION OF S. 256, BANKRUPTCY
                     ABUSE PREVENTION AND CONSUMER PROTECTION ACT
                     OF 2005


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


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


                                          REPORT

                                        [To accompany H. Res. 211]
                     The Committee on Rules, having had under consideration House
                   Resolution 211, by a record vote of 7 to 4, report the same to the
                   House with the recommendation that the resolution be adopted.
                             SUMMARY OF PROVISIONS OF THE RESOLUTION
                     The resolution provides for the consideration of S. 256, the Bank-
                   ruptcy Abuse Prevention and Consumer Protection Act of 2005,
                   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 the bill and its consideration. Fi-
                   nally, the rule provides one motion to recommit.
                        EXPLANATION OF WAIVERS PROVIDED BY THE RESOLUTION
                     The waiver of all points of order against consideration of the bill
                   is needed because under the budget resolution now in force, enact-
                   ing this bill will violate sections 302(f), 303, and 311 of the Budget
                   Act. The bill violates 302(f) because its direct spending will exceed,
                   by $6 million over 5 years, the Committee on the Judiciary's alloca-
                   tion. It will violate section 303 because its revenue loss first be-
                   comes effective in 2006, a year for which a final budget resolution
                   has not yet been adopted. It will violate section 311 because the
                   revenue loss allowed under the budget resolution now in force al-
                   ready has been exceeded. The bill would not, however, violate H.
                   Con. Res. 95, the House-passed budget resolution for fiscal year
                   2006. Under that resolution, the Judiciary Committee has suffi-
                   cient room in its allocation to accommodate the spending in this
                      39-008

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