House Report 116-2 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 268) MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES, AND WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES

[House Report 116-2]
[From the U.S. Government Publishing Office]

116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-2

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

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 268) MAKING SUPPLEMENTAL
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, AND FOR
OTHER PURPOSES, AND WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII
WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE
COMMITTEE ON RULES

_______

January 15, 2019.--Referred to the House Calendar and ordered to be
printed

_______

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

R E P O R T

[To accompany H. Res. 43]

The Committee on Rules, having had under consideration
House Resolution 43, by a record vote of 8 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 H.R. 268, the
Supplemental Appropriations Act, 2019, under a structured rule.
The resolution provides one hour of general debate equally
divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective
designees. 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 116-2, modified by the amendment
printed in part A of 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 that clause 2(e)
of rule XXI shall not apply during consideration of the bill.
The resolution makes in order only those further amendments
printed in part B of this report. Each such further amendment
may be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in this
report. The resolution provides one motion to recommit with or
without instructions. 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) with respect
to resolutions reported from the Rules Committee through the
legislative day of January 23, 2019, making or continuing
appropriations for the fiscal year ending September 30, 2019.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
H.R. 268 includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Section 302(f)(1) of the Congressional
Budget Act, which prohibits consideration of
legislation providing new budget authority in excess of
a 302(b) allocation of such authority.
Although the resolution waives all points of order against
provisions in the bill, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.

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. 4

Motion by Mr. Cole to strike the provision that would self-
execute amendment #45, offered by Rep. Lowey (NY). The Lowey
amendment would fund the Federal government through February 8,
2019. Defeated 4-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Ms. Matsui...................................... ............ Mr. Burgess....................... Yea
Mr. Perlmutter.................................. Nay Mrs. Lesko........................ Yea
Mr. Raskin...................................... Nay
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 5

Motion by Mr. Burgess to make in order and provide the
appropriate waivers for amendment #46 to H.R. 268, offered by
Mr. Mullin (OK), which would fund the Indian Health Service for
FY19. Defeated 4-8

Rules Committee record vote No. 6

Motion by Mrs. Lesko to make in order and provide the
appropriate waivers for amendment #47 to H.R. 268, offered by
Mr. Grothman (WI), which would increase funding for the
Department of Homeland Security, U.S. Customs and Border
Protection-Procurement, Construction, and Improvements account
by $5,700,000,000. This amendment would also state that none of
the funds made available by this bill could be restricted from
constructing any new border barrier, including walls or fences,
along the border between the United States and Mexico. Defeated
4-8

Rules Committee record vote No. 7

Motion by Mr. Hastings to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Yea Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Ms. Matsui...................................... ............ Mr. Burgess....................... Nay
Mr. Perlmutter.................................. Yea Mrs. Lesko........................ Nay
Mr. Raskin...................................... Yea
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

1. Lowey (NY): Funds the Federal government through
February 8, 2019.

SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

1. Bishop, Sanford (GA), Scott, Austin (GA), Aderholt (AL),
Dunn (FL), Harder (CA), Lawson (FL), Rice (SC), Roby (AL),
Rouzer (NC), Scott, David (GA), Sewell (AL), Soto (FL), Wilson,
Joe (SC), Yoho (FL): Increases emergency assistance funding to
agricultural producers who suffered losses from hurricanes,
wildfires and other agricultural related losses in 2018. (10
minutes)
2. McGovern (MA), Velazquez (NY), Hastings, Alcee (FL),
Torres (CA), Jayapal (WA), Pocan (WI), Escobar (TX): States
that none of the funds in this bill for the Army Corps of
Engineers or Department of Homeland Security may be used to
plan, develop, or construct the border wall. (10 minutes)
3. Rice (SC): Remove the prohibition on the Secretary of
the Department of Housing and Urban Development's ability to
waive requirements related to the environment. (10 minutes)
4. Velazquez (NY): Provides $5 million to conduct an
independent study, including a survey of participants, on the
impact of the additional benefits provided through disaster
nutrition assistance on the food insecurity, health status, and
well-being of program participants (10 minutes)
5. Velazquez (NY): Provides $25 million for Cano Martin
Pena channel ecosystem restoration. (10 minutes)
6. Stewart (UT): Provides increased funding for hazardous
fuels management activities to increase the resiliency of
federal forests, to protect against catastrophic wildfires and
reduce the amount of damage caused by such fires. (10 minutes)
7. Thompson, Mike (CA): Clarifies that winegrape growers
whose crops were tainted by smoke from a 2018 wildfire are
eligible for assistance under this Act, even if the damage is
discovered after the grapes have been removed from the vine.
(10 minutes)
8. Thompson, Mike (CA), Torres (CA): Increases funding by
$50 million for the Community Development Fund to help address
unmet infrastructure needs for grantees that received
allocations for disasters that occurred in 2017. (10 minutes)
9. Graves, Garret (LA), Richmond (LA), Rouzer (NC): Extend
eligibility to Army Corps of Engineers and FEMA projects, but
ensures they do not receive funding in excess of the amount at
which they are authorized. (10 minutes)
10. Richmond (LA), Graves, Garret (LA), Rouzer (NC): Amends
section to clarify that the process for addressing duplication
of benefits should be handled in accordance with current law.
(10 minutes)
11. Westerman (AR), Panetta (CA): Increases the funding for
USFS State and Private Forestry account, with the goals of
helping state and private forest managers recover from the
catastrophic fires of 2018 and helping these land managers
prepare for the next fire season. (10 minutes)
12. Jayapal (WA): Restricts DHS funding from being used for
the construction or expansion of immigration detention
facilities. (10 minutes)
13. Sablan (MP): Increases the funding for the Northern
Marianas Medicaid program by $16 million to help the islands in
recovery from Typhoon Mangkhut and Super Typhoon Yutu. (10
minutes)
14. Sablan (MP): Increases funding for the Marianas food
stamps block grant by $15,000,000 to cover the cost of
households, not previously eligible for aid, who remain in need
of assistance because of continuing income loss after Typhoon
Mangkhut and Super Typhoon Yutu. Out of total population of
53,883, the Food and Nutrition Service reports 40,377 people
qualified for disaster nutrition benefits. (10 minutes)
15. Radewagen (AS): Increases the amount of nutritional
assistance appropriated in Sec. 101 by $5,000,000. (10 minutes)

PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

At the end of the bill (before the short title), insert the
following:

TITLE XII--FURTHER CONTINUING APPROPRIATIONS

Sec. 1201. The Continuing Appropriations Act, 2019 (division
C of Public Law 115-245) is further amended by striking the
date specified in section 105(3) and inserting ``February 8,
2019''.

PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Bishop Jr. of Georgia
or His Designee, Debatable for 10 Minutes

Page 1, line 13, after the dollar amount, insert ``(increased
by $1,900,000,000)''.
----------

2. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes

At the end of the bill (before the short title), insert the
following:
Sec. ___. None of the funds appropriated or otherwise made
available by this Act for the Army Corps of Engineers or
Department of Homeland Security may be obligated or expended to
plan, develop, or construct a new physical barrier along the
Southwest border.
----------

3. An Amendment To Be Offered by Representative Rice of South Carolina
or His Designee, Debatable for 10 Minutes

Page 59, line 17, strike ``labor standards, and the
environment'' and insert ``and labor standards''.
----------

4. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee, Debatable for 10 Minutes

Page 5, line 23, insert ``(increased by $5,000,000)'' after
the dollar amount.
----------

5. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee, Debatable for 10 Minutes

Page 16, line 3, after the dollar amount, insert ``(increased
by $25,000,000)''.
Page 17, line 5, after the colon, insert:
Provided further, That of this amount $25,000,000 shall be
used for Corps of Engineers ecosystem restoration projects.
----------

6. An Amendment To Be Offered by Representative Stewart of Utah or His
Designee, Debatable for 10 Minutes

Page 35, beginning line 5, strike ``$63,960,000, to remain
available until expended: Provided,'' and insert ``$84,960,000,
to remain available until expended: Provided, that of this
amount $21,000,000 shall be used for hazardous fuels management
activities: Provided further,''.
----------

7. An Amendment To Be Offered by Representative Thompson of California
or His Designee, Debatable for 10 Minutes

Page 1, line 15, insert ``and harvested adulterated wine
grapes'' after ``milk''.
----------

8. An Amendment To Be Offered by Representative Thompson of California
or His Designee, Debatable for 10 Minutes

Page 54, line 18, after the dollar amount insert ``(increased
by $50,000,000)''.
Page 55, strike line 9 and all that follows through ``up to''
in line 12.
Page 55, line 12, after the dollar amount insert ``(increased
by $50,000,000)''.
----------

9. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee, Debatable for 10 Minutes

Page 58, line 10, strike ``That such'' and all that follows
through ``of Engineers:'' on line 13 and insert ``That such
funds may not be used for activities reimbursed by, or for
which funds have been made available by, the Federal Emergency
Management Agency or the Army Corps of Engineers, in excess of
the authorized amount of the project or its components:''.
----------

10. An Amendment To Be Offered by Representative Richmond of Louisiana
or His Designee, Debatable for 10 Minutes

Page 57, line 13, strike ``and any grantee'' and all that
follows through line 19 and insert the following: ``shall act
in accordance with section 1210 of Public Law 115-254 (132
Stat. 3442) and section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155):''.
----------

11. An Amendment To Be Offered by Representative Westerman of Arkansas
or His Designee, Debatable for 10 Minutes

Page 34, line 20, after the dollar amount, insert
``(increased by $10,000,000)''.
----------

12. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes

At the end of the bill (before the short title), insert the
following:

Sec. ____. None of the funds made available by this Act for
the Department of Homeland Security may be used for the
construction or expansion of immigration detention facilities.
----------

13. An Amendment To Be Offered by Representative Sablan of Northern
Mariana Islands or His Designee, Debatable for 10 Minutes

Page 44, line 23, after the dollar amount, insert
``(increased by $16,000,000)''.
----------

14. An Amendment To Be Offered by Representative Sablan of Northern
Mariana Islands or His Designee, Debatable for 10 Minutes

Page 6, line 13, insert ``(increased by $15,000,000)'' after
the dollar amount.
----------

15. An Amendment To Be Offered by Representative Radewagen of American
Samoa or Her Designee, Debatable for 10 Minutes

Page 5, line 23, insert ``(increased by $5,000,000)'' after
the dollar amount.

[all]