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114th Congress   }                                    {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {        114-849

======================================================================
 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
   2028) MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT AND 
RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, AND FOR 
OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (S. 612) TO 
DESIGNATE THE FEDERAL BUILDING AND UNITED STATES COURTHOUSE LOCATED AT 
1300 VICTORIA STREET IN LAREDO, TEXAS, AS THE ``GEORGE P. KAZEN FEDERAL 
                BUILDING AND UNITED STATES COURTHOUSE''

                                _______
                                

  December 7, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 949]

    The Committee on Rules, having had under consideration 
House Resolution 949, 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 the Senate 
amendment to H.R. 2028, the Energy and Water Development 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 to H.R. 2028 with an amendment consisting of 
the text of Rules Committee Print 114-70 modified by the 
amendment printed in this report. The resolution waives all 
points of order against consideration of the motion. The 
resolution provides that the Senate amendment and motion shall 
be considered as read. The resolution provides one hour of 
debate on the motion equally divided and controlled by the 
chair and ranking minority member of the Committee on 
Appropriations.
    Section 2 of the resolution provides for consideration of 
S. 612, to designate the Federal building and United States 
courthouse located at 1300 Victoria Street in Laredo, Texas, as 
the ``George P. Kazen Federal Building and United States 
Courthouse,'' under a closed rule. The resolution provides one 
hour of debate equally divided among and controlled by the 
respective chairs and ranking minority members of the 
Committees on Energy and Commerce, Natural Resources, and 
Transportation and Infrastructure. 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 114-
69 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.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion related to H.R. 2028 includes waivers of the 
following:
           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;
           Section 306 of the Congressional Budget Act 
        of 1974, which prohibits consideration of legislation 
        within the jurisdiction of the Committee on the Budget 
        unless referred to or reported by the Committee on the 
        Budget;
           Section 3304 of S. Con. Res. 11, which 
        prohibits consideration of a continuing appropriation 
        that provides for advance appropriations; and
           Section 314 of the Congressional Budget Act 
        of 1974, which prohibits consideration of legislation 
        that provides budget authority for a fiscal year that 
        exceeds either of the discretionary statutory spending 
        limits. The waiver is necessary because the non-defense 
        limit as established under law has been exceeded.
    The waiver of all points of order against consideration of 
S. 612 includes waivers of the following:
           Section 303 of the Congressional Budget Act 
        of 1974, which prohibits consideration of legislation 
        that provides a change in revenues for a fiscal year 
        until the budget resolution for that year has been 
        agreed to;
           Section 306 of the Congressional Budget Act 
        of 1974, which prohibits consideration of legislation 
        within the jurisdiction of the Committee on the Budget 
        unless referred to or reported by the Committee on the 
        Budget; and
           Section 311 of the Congressional Budget Act 
        of 1974, 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.
    Although the resolution waives all points of order against 
provisions in S. 612, as amended, 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. 220

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #3 to S. 612, offered by Rep. 
Doyle (PA) and Rep. Jones (NC), which would make the Buy 
America provisions permanent for projects financed through the 
EPA's Drinking Water State Revolving Fund. Defeated: 3-8

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

Rules Committee record vote No. 221

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers for amendment #1 to Senate amendment to 
H.R. 2028, offered by Rep. Harris (MD) and Rep. Polis (CO), 
which would allow the H-2b returning worker exemption in 
current law (passed in the previous Omnibus and included in the 
House FY 17 DHS appropriations bill) to continue for the 
duration of the Continuing Resolution. Defeated: 4-7

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

             SUMMARY OF THE AMENDMENT CONSIDERED AS ADOPTED

    1. Rogers, Harold (KY): MANAGER'S Makes technical 
corrections to section 192 regarding HUD Community Development 
Block Grant disaster and emergency funds.

                TEXT OF AMENDMENT CONSIDERED AS ADOPTED

    Page 40, lines 9 and 10, insert ``except that `enactment of 
this Act' shall be treated as referring to enactment of this 
section, and'' before ``except for the last proviso under such 
subsection''.
    Page 41, line 4, strike ``such amounts'' and insert 
``amounts in section 145 and all amounts in this section''.

                                  [all]