[House Report 114-382]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     114-382

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



 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
 2029) MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE DEPARTMENT 
 OF VETERANS AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING 
 SEPTEMBER 30, 2016, AND FOR OTHER PURPOSES; PROVIDING FOR PROCEEDINGS 
DURING THE PERIOD FROM DECEMBER 19, 2015, THROUGH JANUARY 4, 2016; AND 
                           FOR OTHER PURPOSES

                                _______
                                

 December 16, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 566]

    The Committee on Rules, having had under consideration 
House Resolution 566, by a record vote of 9 to 2, 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 the Senate 
amendment to H.R. 2029, the Military Construction and Veterans 
Affairs and Related Agencies Appropriations Act, 2016. The 
resolution makes in order a motion offered by the chair of the 
Committee on Appropriations or his designee that the House 
concur in the Senate amendment with two House amendments:
           Amendment #1 (consolidated appropriations) 
        consisting of the text of Rules Committee Print 114-39 
        modified by the amendment printed in the this report;
           Amendment #2 (tax extenders) consisting of 
        the text of Rules Committee Print 114-40.
    The resolution provides one hour of debate on House 
Amendment #1 equally divided and controlled by the chairs and 
ranking minority member of the Committee on Appropriations. The 
resolution provides one hour debate on House Amendment #2 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Ways and Means. The 
resolution waives all points of order against consideration of 
the motion provides that the Senate amendment and the motion 
shall be considered as read. The resolution provides that the 
question shall be divided between the two House amendments. No 
further division of the question is in order. The resolution 
provides that either portion of the divided question may be 
subject to postponement as though under clause 8 of rule XX and 
shall be considered in the order specified by the chair. The 
resolution provides that clause 5(b) of rule XXI shall not 
apply to the motion.
    Section 4 of the resolution provides that if only House 
amendment #2 is adopted, that amendment shall be engrossed as 
an amendment in the nature of a substitute to the Senate 
amendment to H.R. 2029.
    Section 5 of the resolution provides that the chair of the 
Committee on Appropriations may insert in the Congressional 
Record at any time during the remainder of the first session of 
the 114th Congress such material as he may deem explanatory of 
the Senate amendment and the motion.
    Section 6 of the resolution provides that on any 
legislative day of the first session of the 114th Congress 
after December 18, 2015: the Journal of the proceedings of the 
previous day shall be considered as approved; and the Chair may 
at any time declare the House adjourned to meet at a date and 
time to be announced by the Chair in declaring the adjournment.
    Section 7 of the resolution provides that on any 
legislative day of the second session of the 114th Congress 
before January 5, 2016: the Speaker may dispense with 
organizational and legislative business; the Journal of the 
proceedings of the previous day shall be considered as approved 
if applicable; and the Chair may at any time declare the House 
adjourned to meet at a date and time to be announced by the 
Chair in declaring the adjournment.
    Section 8 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by sections 6 and 7 of the 
resolution.
    Section 9 of the resolution provides that each day during 
the period addressed by sections 6 and 7 of the resolution 
shall not constitute calendar days for the purposes of section 
7 of the War Powers Resolution (50 U.S.C. 1546).
    Section 10 of the resolution provides that each day during 
the period addressed by sections 6 and 7 of the resolution 
shall not constitute a legislative day for the purposes of 
clause 7 of rule XIII (resolutions of inquiry).
    Section 11 of the resolution provides that it shall be in 
order at any time through the legislative day of December 18, 
2015, for the Speaker to entertain motions that the House 
suspend the rules and that the Speaker or his designee shall 
consult with the Minority Leader or her designee on the 
designation of any matter for consideration pursuant to this 
section.
    Section 12 of the resolution waives clause 6(a) of rule 
XIII (requiring a two-thirds vote to consider a rule on the 
same day it is reported from the Rules Committee) against any 
resolution reported from the Rules Committee through the 
legislative day of December 18, 2015.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion includes waivers of the following:
    Section 302(f) of the Congressional Budget Act, which 
prohibits consideration of legislation providing new budget 
authority in excess of a 302(a) or 302(b) allocation of such 
authority;
    Section 306 of the Congressional Budget Act, which 
prohibits consideration of legislation within the jurisdiction 
of the Committee on the Budget unless referred to or reported 
by the Budget Committee;
    Section 311 of the Congressional Budget Act of 1974, 
prohibiting consideration of legislation that would cause the 
level of total new budget authority for the first fiscal year 
to be exceeded, or would cause revenues to be less than the 
level of total revenues for the first fiscal year or for the 
total of that first fiscal year and the ensuing fiscal years 
for which allocations are provided;
    Clause 7 of rule XVI, which requires that no motion or 
proposition on a subject different from that under 
consideration shall be admitted under color of amendment;
    Clause 5(a) of rule XXI, which prohibits a bill or joint 
resolution carrying a tax or tariff measure from being reported 
by a committee not having jurisdiction to report tax or tariff 
measures, and prohibits an amendment in the House or proposed 
by the Senate carrying a tax or tariff measure from being in 
order during the consideration of a bill or joint resolution 
reported by a committee not having that jurisdiction;
    Clause 10 of rule XXI, which prohibits the consideration of 
a bill if it has the net effect of increasing mandatory 
spending over the five-year or ten-year period.

                            COMMITTEE VOTES

    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. 130

    Motion by Mr. McGovern to make in order and give the 
necessary waivers for an amendment to the omnibus that would 
strike Division N--the Cybersecurity Act of 2015. Defeated: 2-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........
Mr. Burgess.....................................          Nay   Mr. Polis.........................
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 131

    Motion by Ms. Foxx to report the rule. Adopted: 9-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........
Mr. Burgess.....................................          Yea   Mr. Polis.........................
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

    SUMMARY OF AMENDMENT TO HOUSE AMENDMENT #1 CONSIDERED AS ADOPTED

    Rogers, Harold (KY): MANAGER'S Fixes technical and drafting 
errors in Division O of House amendment #1.

     TEXT OF AMENDMENT TO HOUSE AMENDMENT #1 CONSIDERED AS ADOPTED

  Page 1918, line 9, insert ``such nonimmigrants or'' after 
``are''.
  Page 1994, line 22, strike ``this division and division P'' 
and insert ``division M and each succeeding division''.
  Page 1995, line 2, strike ``this division and division P'' 
and insert ``division M and each succeeding division''.
  Page 1995, line 11, strike ``this division and division P'' 
and insert ``division M and each succeeding division''.

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