[House Report 115-474]
[From the U.S. Government Publishing Office]


115th Congress   }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                    {       115-474

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

 
 PROVIDING FOR CONSIDERATION OF THE CONFERENCE REPORT TO ACCOMPANY THE 
BILL (H.R. 1) TO PROVIDE FOR RECONCILIATION PURSUANT TO TITLES II AND V 
   OF THE CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2018; 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3312) TO AMEND THE DODD-
 FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT TO SPECIFY WHEN 
BANK HOLDING COMPANIES MAY BE SUBJECT TO CERTAIN ENHANCED SUPERVISION, 
             AND FOR OTHER PURPOSES; AND FOR OTHER PURPOSES

                                _______
                                

 December 18, 2017.--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. 667]

    The Committee on Rules, having had under consideration 
House Resolution 667, by a record vote of 9 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 consideration of the conference 
report to accompany H.R. 1, the Tax Cuts and Jobs Act. The 
resolution waives all points of order against the conference 
report and against its consideration. The resolution provides 
that the conference report shall be considered as read. The 
resolution provides that the previous question shall be 
considered as ordered without intervention of any motion except 
one hour of debate and one motion to recommit if applicable. 
The resolution provides that clause 5(b) of rule XXI shall not 
apply to the conference report. Debate on the conference report 
is divided pursuant to clause 8(d) of rule XXII.
    Section 2 of the resolution provides for consideration of 
H.R. 3312, the Systemic Risk Designation Improvement Act of 
2017, under a closed rule. The resolution provides one hour of 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Financial Services. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-49, modified by the amendment printed in 
this report, shall be considered as adopted and the bill, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions in the bill, as amended. The 
resolution provides one motion to recommit with or without 
instructions.
    Section 3 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 for the remainder of the first session of the One 
Hundred Fifteenth Congress.
    Section 4 of the resolution provides that it shall be in 
order at any time through the remainder of the first session of 
the One Hundred Fifteenth Congress 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.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the conference 
report and its consideration includes a waiver of the 
following:
           Clause 9 of rule XXII, which prohibits the 
        inclusion of matter in a conference report not 
        committed to the conference by either House; and
           Section 311 of the Congressional Budget Act, 
        which prohibits consideration of legislation that 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.
    It should be noted that although the resolution provides 
that clause 5(b) of rule XXI does not apply to the conference 
report, the rule isolates only specified provisions and does 
not look at the essential interactions of all the tax 
provisions. While the conference report as a whole provides 
broad tax relief, the provision is necessary because of the 
narrow focus of the rule.
    The waiver of all points of order against consideration of 
H.R. 3312 includes a waiver of the following:
           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. While the waiver is necessary it is 
        important to note that the bill does not cause an 
        increase in the deficit.
           Section 302(f) of the Congressional Budget 
        Act, which prohibits consideration of legislation 
        providing new budget authority in excess of a 302(a) 
        allocation of such authority;
           Section 303 of the Congressional Budget Act, 
        which prohibits consideration of legislation, providing 
        a change in revenues for a fiscal year until the budget 
        resolution for that year has been agreed to;
           Section 311 of the Congressional Budget Act, 
        which prohibits consideration of legislation that 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.
    The waiver of all points of order against provisions in 
H.R. 3312, as amended, includes a waiver of 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.

                            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. 164

    Motion by Mr. Polis to provide for consideration of House 
Concurrent Resolution 97, which would include the regulation of 
virtual currency; protections for small marijuana businesses 
from tax burdens; restrictions and clarifications on special 
interests deducting certain lobbying expenses; and provisions 
to allow kombucha manufacturers to be taxed fairly for the 
product they produce. Defeated: 3-9, Present--1

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

Rules Committee record vote No. 165

    Motion by Mr. Cole to report the rule. Adopted: 9-4

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................          Yea   Mr. Polis.........................          Nay
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
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      SUMMARY OF THE AMENDMENT TO H.R. 3312 CONSIDERED AS ADOPTED

    Luetkemeyer (MO): Makes a technical correction by 
renumbering the sections.

          TEXT OF AMENDMENT TO H.R. 3312 CONSIDERED AS ADOPTED

    Redesignate the second section 5 as section 6.

                                  [all]